AJITH KUMAR K. Vs. STATE OF KERALA

JUDGEMENT

(1.) The applicant in O.A.No.2162 of 2023 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (the 'Tribunal' for short) filed this original petition invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P1 order dtd. 28/11/2025 passed by the Tribunal in that original application.

(2.) Going by the averments in the original application, the petitioner is a member of the Scheduled Caste community. While working as Assistant Sub Inspector (Grade) at the Kollam East Police station, he was arrayed in Crime No.687 of 2011 of Kollam East Police station registered under Ss. 324, 326, 302, 201, and 34 of the Indian Penal Code. The petitioner was placed under suspension, and an oral enquiry was ordered. After oral enquiry, Annexure AI PR minutes was submitted by the enquiry officer, who found the petitioner to be at fault. Thereafter, the petitioner was removed from service vide Annexure A3 order dtd. 7/8/2012 of the 2nd respondent. Annexure A4 appeal filed by the petitioner was rejected by the appellate authority through Annexure A5 order dtd. 20/6/2013. In the criminal case registered against the petitioner, he was acquitted by the Sessions Court as per the judgment dtd. 31/10/2017, after a full trial. The petitioner submitted Annexure A7 review petition before the 1st respondent, which was directed to be decided by the Tribunal, vide order dtd. 24/10/2018 in O.A.No.1956 of 2018. The 1st respondent issued Annexure A8 Government Order dtd. 22/3/2019, rejecting the review petition filed by the petitioner. The petitioner moved the Tribunal, which pronounced Annexure A9 order dtd. 26/5/2022 in O.A.No.1729 of 2019, whereby Annexure A8 Government Order was set aside, and the Government was directed to consider the review petition afresh with particular attention to the contentions of the petitioner. Upon reconsideration, the 1st respondent has now issued Annexure A10 order dtd. 5/7/2023, rejecting the review petition of the petitioner. The reasons stated in Annexure A10 are illegal and liable to be set aside in judicial review. Rule 10 of the Kerala Police Departmental Inquiries, Punishment and Appeal Rules and Sec. 101(8) of the Kerala Police Act, 2011 are mandatory provisions and cannot be ignored by any authority. With these pleadings, the petitioner approached the Tribunal with the original application filed under Sec. 19 of the Administrative Tribunals Act, 1985, seeking the following reliefs;

(3.) In the original application, on behalf of the 1 st respondent, a reply statement dtd. 24/5/2024 was filed, opposing the reliefs sought for. Similarly, on behalf of the 3 rd respondent, a reply statement dtd. 28/12/2023 was filed in the original application opposing the reliefs sought for. The 2nd respondent adopted the reply statement filed by the 3 rd respondent by filing a memo dtd. 9/2/2024. After hearing both sides, the Tribunal, by the impugned Ext.P1 order, dismissed the original application.