P. SUKUMARAN Vs. THE DIRECTOR GENERAL OF POLICE

JUDGEMENT

(1.) THIS appeal is filed by the writ petitioner challenging the judgment of the learned Single Judge dated 19/07/2010 in W.P.C. No. 22431/2010. The writ petition was filed challenging Exts. P14 and P15 orders passed by the appellate authority by which punishment had been imposed on the petitioner barring an increment for one year without cumulative effect as per Ext. P14 and barring an increment for three years without cumulative effect as per Ext. P15.

(2.) THE facts involved in the case would disclose that the petitioner had involved in disciplinary proceedings which ultimately led to imposing punishment on him. He did not challenge the same by filing appropriate appeals. However, during 2001, he submitted certain representations to the then Chief Minister, based on which the Director General of Police was directed to take further action. Representations were treated as appeals and as per proceedings Exts. P1 to P1(d), punishments were reduced to that of censure. Subsequently, by order dated 22/05/2003, petitioner was informed that the proceedings in respect of Exts. P1 to P1(d) were cancelled and he was served with Exts. P5 and P6 orders disposing of the appeals which, according to the petitioner, were concluded by Exts. P1 and P1(d). By subsequent order Ext. P8, the order of punishment imposed on him has been upheld.

(3.) THE main contention urged by the petitioner was that while disposing of Exts. P14 and P15, the appellate authority had not considered the matter in its proper perspective which results in violation of the principles of natural justice. That apart, it is contended that while reopening the matter which is concluded by Exts. P1 to P1(d), the petitioner was not given sufficient notice. It was also contended that the petitioner has not committed any acts of indiscipline and therefore there was no reason for the appellate authority to have imposed punishment.