JAYADEVAN Vs. COMMANDANT M S P

JUDGEMENT

(1.) THE petitioners were Havildars/constables of the M. S. P. 'c' Company at Malappuram. They were also office-bearers of the local unit of the Kerala Police Association. The first petitioner was the Secretary, the second the President, and the third, a member of the Committee. The Association had made a demand that Constables of the M. S. P. , K. A. P. and S. A. P. should be allowed to go over to the Armed Reserve Police, and that direct recruitment to the Aimed Reserve should be discontinued for the purpose. It is said that at a conference held on 10th April, 1980 the Home Minister had agreed to this proposal. However, direct recruitment was again made. The M. S. P. unit of the Association decided to register its protest against this development. The protest took the form of "boycotting mess" and taking out a procession. Mess was boycotted on 8th December, 1980, in pursuance of a written notice given by the Association on 7th December 1980. The procession was taken out between 5. 30 and 6. 45 P. M. on 9th December, 1980 inside the campus from the Drill Hall to the Main gate. The men performed their normal duties on these two days. Everything was peaceful and orderly.

(2.) THE authorities were naturally alarmed. This was a Police force where absolute discipline was essential. The formation of an Association and its recognition under certain conditions were no grounds to condone or encourage such trade union activity. On 18th December, 1980,the Deputy Inspector General of Police directed the Commandant of the unit to "issue show-cause notice to all the participants in the agitation. " On 19th December, 1980 the DIG sent another message that "before issuing show-cause notice a preliminary enquiry should fee conducted to fix the identity of the participants. " The Commandant thereupon authorised the 2nd respondent Assistant Commandant to hold a preliminary enquiry.

(3.) THE Assistant Commandant conducted the preliminary enquiry on 30th December, 1980. Sixty nine Constables had participated in themes-boycott and eighty eight, in the procession. Their names were available. They were all notified about the proposed enquiry, but they did not participate. The Assistant Commandant examined a few witnesses, marked certain documents and submitted the preliminary report on 31st December, 1980, stating: