STATE OF KERALA Vs. SANTHEEP

JUDGEMENT

(1.) The sole applicant herein has filed the instant Ext.P-1 Original Application O.A. No. 540/2021 before the Kerala Administrative Tribunal, Thiruvananthapuram Bench, and prayers in the amended Ext.P-1 O.A. are as follows [See pages 36 and 37 of the paper book of this OP(KAT)]:

(2.) The Tribunal, after hearing both sides, has rendered the impugned Ext.P-3 order dtd. 10/8/2021 finally disposing of O.A. No. 540/2021 with the finding that the denial of promotion to the applicant from the post of Sub Inspector of Police to the next higher category of Inspector of Police for the select list 2017, for the reasons stated by the Departmental Promotion Committee (DPC) is illegal and ultra vires, and that the modified penalty was only bar of increment for one year without cumulative effect and therefore, the applicant will get the benefit of the protective provision contained in Sec.101(6) of the Kerala Police Act, 2011, as it stood then, and hence, the said penalty cannot be taken into account for barring the promotion of the applicant and it was directed that the 4th respondent will convene the Review Departmental Promotion Committee (Lower) and pass appropriate orders including the applicant in the select list of Sub Inspector of Police fit for promotion as Inspector of Police for the select list 2017, and issue consequential orders of promotion w.e.f. the date of promotion of his immediate junior considered for select list year 2017 within 3 months, etc. It is this final verdict of the Tribunal at Ext.P-3 that is under challenge in the present Original Petition filed at the instance of the State of Kerala and the Police Departmental authorities concerned. The prayer in the instant Original Petition filed before this Court under Articles 226 and 227 of the Constitution of India are as follows:

(3.) Heard Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader appearing for the petitioners in the O.P./respondents 1 to 4 in the O.A. and Sri.P.Nandakumar, learned counsel appearing for the sole respondent in the O.P./sole applicant in the O.A. before the Tribunal.