LAWS(KER)-2009-11-212

G KRISHNAN, SUB INSPECTOR OF POLICE Vs. STATE OF KERALA; SUPERINTENDENT OF POLICE; ASISTANT COMMANDANT OF POLICE

Decided On November 10, 2009
G KRISHNAN, SUB INSPECTOR OF POLICE Appellant
V/S
STATE OF KERALA; SUPERINTENDENT OF POLICE; ASISTANT COMMANDANT OF POLICE Respondents

JUDGEMENT

(1.) The petitioner retired from service as Sub Inspector of Police on 30/09/2008. He is aggrieved by Ext.P5 order dated 27/07/2009.

(2.) Facts of the case are that while the petitioner was working as Sub Inspector of Police at Vythiri Police Station, on the eve of his retirement, he was issued Ext.P1 memo of charges, and he submitted Ext.P2 explanation. Subsequently, he was issued Ext.P3 show cause notice proposing action under Rule 59(b) of Part- III KSR. He submitted Ext.P4 explanation. Finally he was issued Ext.P5 order proposing to withhold Rs.200/- per month from his pension for a period of 5 years, under Rule 59(b) of Part III KSR. It is challenging this order, this writ petition is filed.

(3.) However, I notice that in view of Note 1 to Rule 59 of Part III KSR, the Government have the power to review their orders, if the affected employee makes an application to that effect within a period of three months from the date of the order. Therefore, the petitioner has an alternate remedy before the Government itself, and it is up to him to pursue the same.