SUNIL DUTT.S Vs. THE STATE POLICE CHIEF

JUDGEMENT

(1.) This writ petition is filed by the petitioner, who has been arrayed as the accused, for issuing a direction to respondents 1 and 2 to conduct a confidence investigation of Ext.P2 Crime No.1224/2012 of Eravipuram police station under section 482 of the Code of Criminal Procedure.

(2.) It is alleged in the petition that the petitioner is working as a High School Assistant (Maths) for the last 25 years from 30.6.1988 managed by the 6th respondent. No disciplinary proceedings were issued against him so far. The sixth respondent placed him under suspension on 26.8.2011 as per memo No.MHSS/Dist. Dated 26.8.2011 alleging that students of the school have represented the behavior attitude of the petitioner to the students, subversive of discipline and insubordination, negligence in work, disrespectful behavior towards the superiors, using filthy and abusive language and talking in disrespectful manner to other employees and superiors, absenting without leave etc. sexual harassment against the students, serious misconduct and irregularities and requested the DEO, Kollam to conduct investigation in this case. A reply statement has been filed by the petitioner in this regard and thereafter filed appeal before the Deputy Director of Education, Kollam on 10.11.2011. The appellate authority considered the appeal and as per the order No. B6/14103/2011/DDE dated 25.2.2012 directed the 6th respondent to revoke the suspension of the petitioner with immediate effect and admit him to duty and report the matter to the DEO, Kollam as per Ext.P1 order. The sixth respondent preferred revision before the Government and thereafter filed WP(C) No.8936/2012 and this Court disposed of the same directing the Government to consider the revision and pass appropriate orders in the application, if any filed, and till then directed to keep Ext.P1 order in abeyance. Government considered the same and passed order G.O.(RT) No.3267/2012/G.Edn dated 10.7.2012 and directed to keep in abeyance Ext.P1 order for two months till detailed enquiry is completed by the DEO, Kollam. Thereafter the DEO, Kollam conducted an enquiry and by order dated 20.9.2012 directed the petitioner to be reinstated as the period of his suspension exceeding 12 months and to implement Ext.P1 order. The sixth respondent filed a petition before the DEO, Kollam for reopening the enquiry and also filed W.P.(C).No.26266/2012 before this Court and status quo order was passed and it was extended from time to time and it is pending. Now a false case has been registered on the basis of the complaint given by the 6th respondent as Crime No.1224/2012 of Eravipuram police station alleging offence under sections 354 of the Indian Penal Code as Ext.P2. He had filed Exts.P3 and P4 petitions before the higher authorities for directing the investigating officer to conduct proper investigation. Those applications were not properly considered and no orders have been passed so far. So the petitioner has no other remedy except to approach this Court seeking the following reliefs:

(3.) When the writ petition came up for hearing, counsel for the petitioner submitted that he has no objection in allowing the investigation to be completed but arrest of the petitioner should not be done indiscriminately and he is prepared to co - operate with the investigation.