THEVAN Vs. SUPDT. OF POLICE

JUDGEMENT

(1.) The writ petitioners are police constables in the Police Department of the Government of Kerala. In this writ petition they are challenging the disciplinary proceedings initiated against them by the first respondent, the Superintendent of Police, Palghat.

(2.) The facts in short are thus: When the petitioners reported for duty at 8.00 a.m. on 11.9.1987, one Chandran was standing on the veranda of the Ottappalam police station. On enquiries they were told that the abovesaid Chandran was asked to remain in the police station though no entry had been made in the General Diary about his arrest or detention. However, he had escaped from the police station as he was not under distraint. On the basis of this incident disciplinary proceedings had been initiated against the petitioners and consequently an enquiry officer had been appointed. The first respondent after perusing the preliminary report issued Exts. P4 and P5 orders placing the petitioners under suspension and directed the Circle Inspector, Mannarghat to conduct a detailed enquiry under R.8(1)(iii) of the Kerala Police Departmental Inquiries, Punishment and Appeal Rules, 1958 (for short 'the Rules'). After conducting a detailed enquiry the enquiry officer issued Exts. P7 and P8 enquiry reports on 4.3.1988. Ultimately the disciplinary authority issued Exts. P9 and P10 orders on 15.3.1988 imposing on each petitioner minor penalty of debarring the increment for a period of two years with cumulative effect. As against those orders they filed appeals before the second respondent, who by Exts. P11 and P12 orders rejected them. Being aggrieved by these orders, the petitioners filed revision petitions before the third respondent. Those petitions were also rejected by Exts. P13 and P14 orders. Then they filed review petitions before the Government which were also rejected by them as per Exts. P17 and P18 orders. Exts. P9 to P12, P13, P14, P17 and P18 orders are challenged in this writ petition.

(3.) Heard learned counsel for the petitioners and also the Government Pleader for the respondents.