STATE OF KERALA Vs. IVAN RATHINAM

JUDGEMENT

(1.) The respondents in the Writ Petition are the appellants. The writ petitioner is the respondent herein. The learned Single Judge by the judgment under appeal, quashed Ext.P11 order of the Government dated 16.12.2008, as per which the respondent/writ petitioner was suspended from service, pending decision in the disciplinary enquiry going on against him. Aggrieved by the said decision of the learned Single Judge, the official respondents in the Writ Petition have filed this Writ Appeal.

(2.) The brief facts of the case are the following. The respondent filed the Writ Petition, making the following pleadings. He is presently working as Assistant Commandant in the Armed Police at Malappuram. He joined the police in 1991 and has rendered meritorious service for more than 17 years. He has received several good service entries. While so, a lady, hereinafter referred to as Mrs.X, started filing complaints against him repeatedly before various authorities. She is married to Mr. Y and two children are born in that wedlock. The respondent is also married and is living with his family at Alappuzha. The main complaint raised against him by Mrs.X was that he has committed adultery with her and her second son Master Z was born out of that relationship. She has moved superior police officers, demanding action against him. She has also filed a private complaint before the competent criminal court, alleging that the respondent has physically attacked and manhandled her and her son. She has filed a suit before the competent Munsiff's Court, seeking a declaration that the respondent is the father of her second child. She has moved the Family Court, claiming maintenance. She moved the Women's Commission, seeking action against him. The District Police Complaints Authority, Alappuzha was also moved. The respondent submitted that the allegations of manhandling, etc. made against him by Mrs.X were enquired into by the Deputy Inspector General of Police, Ernakulam Range. It was found that the allegations were unfounded. He further submitted that the complaint before the Women's Commission was also closed. The District Superintendent of Police, Alappuzha has also held an enquiry into some of the allegations against the respondent. They were also found to be baseless. But, the District Police Complaints Authority filed Ext.P8 report dated 3.5.2008, making certain prima facie findings against him and suggesting initiation of disciplinary action. Apparently, based on that report, he has been served with Ext.P1 memo of charges dated 26.8.2008. The allegation against him was that he had adulterous relationship with Mrs.X for the last few years, while he was working as Assistant Commandant in the District Armed Reserve. He is alleged to be the father of the second child of Mrs.X. Abusing his official position, he has manhandled the said child and also defamed Mrs.X. By the above conduct, he has marred the good name of the police force and has committed gross misconduct, disclosing moral turpitude.

(3.) An enquiry officer was appointed to enquire into the charges. While the enquiry was progressing, allegedly under the influence of Mrs.X, the Director General of Police filed a report before the Government and based on that report, the Government suspended him by Ext.P11 order. The relevant portion of that order reads as follows: