ABDUL HAMEED Vs. COMMISSIONER OF POLICE

JUDGEMENT

(1.) The point to be decided in this case is whether this Court should withhold relief to the petitioner by refusing to quash an illegal order on the ground that it has been passed in good faith to serve a good purpose. The Commissioner of Police acted as a knight errant to help a lady in distress. The petitioner cries, it is without jurisdiction. But the respondents reply, though illegal, it serves a noble purpose, so, this Court may keep its hands off. The brief facts of the case are the following:

(2.) The petitioner is a Driver Head Constable attached to the Armed Reserve Police Camp, Kochi City. He challenges Ext. P1 order issued by the Commissioner of Police, Kochi City directing the Deputy Commandant of Police, Armed Reserve, Kochi City to recover fifty per cent of the net salary of the petitioner and pay it to his wife, the second respondent herein with effect from 15.4.2002. The petitioner submits that Ext. P1 is issued without jurisdiction or authority. It is pointed out that the first respondent does not have jurisdiction to decide matrimonial disputes, such as, failure to maintain the spouse and children. It is also submitted that the said order has been passed without hearing the petitioner.

(3.) A statement was filed on behalf of the first respondent. It is submitted therein that the wife of the petitioner submitted a representation to the first respondent stating that the petitioner is not looking after his family consisting of the second respondent wife and their four children. Three of the children are daughters aged 21 years, 18 years and 15 years respectively. The first respondent caused an enquiry into the representation filed by the second respondent and the Officer who conducted the enquiry, reported that the grievance put forward by the second respondent is genuine. Therefore, in good faith and with good intention, the order has been passed.