BIJU S. Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) This original petition has been filed by the petitioner seeking to set aside Ext. P4 order passed by the 3rd respondent, whereby punishment of removal from service has been ordered. Prayers raised are in the following terms :

(2.) Various grounds have been raised in support of the original petition, particularly that the authority concerned does not have the power, competence or jurisdiction to pass the impugned order and further that there is clear violation of the principles of natural justice, having not served copy of the enquiry report. It is further contended that there is a bar under Rule 10 of the Kerala Police Departmental Inquiries, Punishment and Appeal Rules (herein after referred to as the Rules), virtually placing a hurdle in proceeding with disciplinary action, when a criminal case is pending in respect of the same instance.

(3.) The prayers are sought to be vehemently opposed from the part of the respondents pointing out that the original petition itself is not maintainable, as no order of the Tribunal is under challenge, so as to invoke the supervisory jurisdiction of this Court under Article 227 of the Constitution of India. The second prayer with reference to "OP (CAT) No. 154 of 2014" itself is a mistake, as no 'CAT' is involved and further that the order passed by the 'KAT' vide Ext. P1 is no more relevant in view of the subsequent developments.