DAMODARAN, K. K. Vs. STATE OF KERALA

JUDGEMENT

(1.) Petitioner retired from service while working as Circle Inspector of Police. In the year 1997 he was working as Sub Inspector. Alleging dereliction of duty on his part, Memo of charge dated 3rd January 1998 (Ext. P-1) was served on him. He submitted written statement of defence (Ext. P-2) pleading not guilty to the charge. Thereafter Ext. P-3 order dated 14th July 1998 was passed by the fifth respondent - Superintendent of police finding the petitioner guilty of the charge and imposing on him the penalty of barring his increment for one year with cumulative effect. Revisions and review petitions filed by the petitioner before the higher authorities were in vain. Under the circumstances, he filed this Original Petition seeking to quash Ext. P-3 order and Exts. P-5, P-7, P-8 and P-10 orders passed by the higher authorities upholding Ext. P-3.

(2.) Shri T. C. Govindaswamy, learned Counsel for the petitioner contends that the penalty of stoppage of increment with cumulative effect is not a punishment authorised by the Kerala Police Departmental Inquiries, Punishment and Appeal Rules, 1958, hereinafter referred to as the 'Rules' which govern and regulate disciplinary action against members belonging to Kerala Police. R.15(1)(g) which deals with stoppage of increments reads as follows:

(3.) Sri Roy Chacko, Senior Government Pleader for the respondents contends that the punishment imposed was only a minor penalty. That is what is stated in the counter - affidavit also. It is further stated that since the Rules do not exclude withholding of increment with cumulative effect, there is nothing wrong in imposing that penalty. According to the respondents since the penalty of withholding of increment is enumerated in the rules, the imposition of that penalty can be with or without cumulative effect.