LAWS(KER)-2022-7-313

STATE OF KERALA Vs. M.E. SHAJAHAN

Decided On July 19, 2022
STATE OF KERALA Appellant
V/S
M.E. Shajahan Respondents

JUDGEMENT

(1.) This Original Petition is filed by the State aggrieved by the order dtd. 24/2/2022 of the Kerala Administrative Tribunal in O.A.1835/2021.

(2.) The brief facts necessary for disposal of the OP(KAT) are that, the applicant before the Tribunal was a Deputy Superintendent of Police who retired from service on attaining the age of superannuation on 31/5/2020. He had entered service as Police Constable on 6/4/1989 pursuant to the advice of the Kerala Public Service Commission and subsequently selected to the post of Sub Inspector of Police and joined duty as such on 20/4/1995. He was thereafter, promoted as Circle Inspector on 20/4/2003 and Deputy Superintendent on 14/7/2010. He completed the period of probation in the cadre of Deputy Superintendent of Police with effect from 28/1/2011, but his probation was not declared since he had not passed the obligatory departmental test. It appears however, that on 9/5/2014 the applicant completed the age of 50 years and became eligible for exemption from passing the departmental test under Rule 13B of Part-II of KS and SSR. Even thereafter however, the probation of the applicant was not declared and in the meanwhile, in September 2014, an FIR was lodged against the applicant by the Vigilance and Anti Corruption Bureau for the alleged amassment of wealth disproportionate to known sources of income. Disciplinary proceedings were also initiated in connection with the said case in the year 2018 through the issuance of memo of charges dtd. 23/7/2018.

(3.) The initiation of criminal proceedings was challenged before the High Court and this Court by its order dtd. 27/7/2020 directed the Investigating Officer to consider the grievance pointed out by the applicant regarding the calculation and valuation of assets and source of income. The final report dtd. 23/10/2020 was thereafter laid by the Vigilance and Anti Corruption Bureau before the Enquiry Commission and Special Judge, Kottayam.