JESTIN JACOB Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner challenges the punishment imposed on him after disciplinary proceedings. By Ext. P3, the Commissioner of Police imposed the punishment of compulsory retirement of the petitioner, who was a Police Constable attached to City Traffic Police Station, Calicut. Copy of the order imposing punishment is Ext. P3.

(2.) Petitioner filed an appeal before the Deputy Inspector General of Police. The Deputy Inspector General of Police confirmed the order of punishment. Further an appeal was filed before the 2nd respondent - The Director General of Police, Trivandrum. The 2nd respondent also confirmed the order of the lower authorities. Thereupon, petitioner submitted a review petition before the Government. Government also rejected the review petition. Copy of the order rejecting the review petition is Ext. P7. In Ext. P7 it is seen stated that the Government have examined the petition under KPD (IPA) R.1958 and have taken a provisional decision to reject the review petition and consulted with the Public Service Commission for advice. The Public Service Commission has agreed to the provisional decision of the Government to reject the petition filed by the petitioner. So in the circumstances, Government confirmed their provisional decision and ordered that the review petition submitted by the petitioner to be rejected.

(3.) Petitioner challenges the orders, Exts. P3, P5 and P7. Petitioner was served with a memo of charge for grave misconduct in having taken one Sarada and Sita inmates of After Care Home, Thiruvannur, Calicut to the Police quarters. This happened on 16-9-1980. The charge is that the petitioner has taken Sarada and Sita in Room No. 3, Block No.4 in the police line near City Police Office, Calicut which he was unauthorisedly occupying and that he tried to outrage the modesty of Sita and wanted to get involved in sexual intercourse with Sarada.