COMMANDANT M S P Vs. JAYADEVAN

JUDGEMENT

(1.) This appeal by the Commandant and Assistant Commandant, MSP., Malappuram, the DIG. of Police, Northern Range, Calicut and the State of Kerala who were respectively respondents 1 to 4 in OP. No. 4765 of 1981 brought by the 3 respondent is directed against the Judgment of M. P. Menon, J. allowing the Original Petition and quashing two orders Exts. P9 and P10 both dated 8-10-1981 removing respondents 1 and 2 (petitioners 1 and 2) from Service. The Original Petition arose under the following circumstances: Petitioners 1 and 3 were Havildars and petitioner 2 a Constable in the MSP. 'C' Company at Malappuram. The first petitioner was the Secretary, the second petitioner was the President and the third petitioner was a Committee Member of the Kerala Police Association, MSP. Unit, Malappuram. The association had made a demand on the authorities that Constables of the MSP., KAP. and SAP. should be allowed to go over to the Armed Reserve Police and that direct recruitment to the Armed Reserve should be discontinued. Although the petitioners state that at a conference held on April 10, 1980 the Home Minister had agreed to the demand, direct recruitment was continued. The M. S. P. unit of the Association resolved to protest against the continuance of this practice. The protest took the form of a boycott of the mess on 8-12-1980 and a procession inside the campus from the Drill Hall to the main gate between 5.30 and 6.45 P.M. on 9-12-1980. The mess was boycotted in pursuance of a written notice given by the Association on 7-12-1980.

(2.) This unusual form of protest by members of the Police force was resented by the authorities. On 18-12-1980 the Deputy Inspector General of Police (third respondent) directed the Commandant of the Unit(first respondent) to issue show cause notices to the participants in the agitation. On 19-12-1980 the D. I. G. sent another message that "before issuing show cause notice a preliminary enquiry should be conducted to fix the identity of the participants." The commandant thereupon authorised the Assistant Commandant (the 2nd respondent) to hold a preliminary enquiry.

(3.) On 30-12-1980 the 2nd respondent held a preliminary enquiry. 69 Constables had taken part in the mess boycott and 88 in the procession. Their names were available and although they were notified about the enquiry none participated The 2nd respondent examined a few witnesses, marked certain documents and submitted his preliminary enquiry report on 31-12-1980 stating that "I have found prima facie case against the participants in both counts for violation of statutory rules undermining the discipline of the force". The counts were the boycott of the mess on 8-12-1980 and the holding of the procession on 9-12-1980. He also stated that the boycott was instigated by the office bearers of the M. S. P. Unit of the Association.