R. RAJESH Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Correctness and sustainability of the disciplinary proceedings being pursued against the petitioner herein is the subject matter of challenge in this original petition.

(2.) The petitioner is presently working as Excise Inspector in Thiruvananthapuram. While he was working as Excise Inspector in the Circle Office at Karunagappally, there was an instance where one Prakash was arrested on 25/02/2006 by a Preventive Officer by name, Vasudeva Kurup and his team. On coming across the fact that the aforesaid Prakash was possessing arrack, a crime was registered as Crime No. 45 of 2006 of the Range Office and the arrested person was sent to judicial custody, where he was to remain for nearly 76 days. After coming out on obtaining bail, the victim sent a complaint to the Chief Justice of this Court to enquire into the circumstances which led to his arrest and subsequent imprisonment. Pursuant to the said complaint, it was ordered to conduct re -investigation of the case by the Deputy Commissioner of Excise. After the investigation, the Joint Commissioner of Excise filed a report stating that the arrested person was not the accused and the case might be treated as undetected.

(3.) The petitioner contends that he was never figured anywhere in the enquiry and the same was more oriented against the involvement of Sri. Vasudeva Kurup, Preventive Officer and another Preventive Officer by name, Vikraman Nair. In course of further steps, memo of charges were issued to the Preventive Officer on 11/07/2008. Subsequently, a Final Report was filed by the Joint Excise Commissioner in respect of the memo on 10/03/2010. The Preventive Officer who arrested the complainant by name, Prakash was also served with a memo of charges on 14/02/2011. It was nearly 'eight years' after the date of the alleged occurrence, that the petitioner was served with memo of charges vide Annexure -A11 on 09/05/2014.