THOMAS PALLICKAPARAMBIL Vs. STATE OF KERALA

JUDGEMENT

(1.) These writ petitions are filed by two non-official Members of the State Police Complaints Authority. The petitioner in W.P(C).No.41070 of 2018 seeks directions to the respondents not to issue any executive orders interfering with the functioning of the said Authority or to deal with the continuation of the petitioners as Members of the Authority until Rules are framed as also a declaration that under the provisions of the Kerala Police Act, 2011 (for short, 'the Act'), the Government is no longer empowered to issue any orders for the purpose of removing any difficulties. The relief sought in W.P(C).No.41342 of 2018 is to permit the petitioner to continue as non-official Member of the Authority till the term of office of non-official Member is prescribed by the Government as contemplated under Section 110(1)(5) of the Act.

(2.) Heard Sri.Mathai M.Paikeday, the learned Senior Counsel appearing for the petitioner in W.P(C).No.41070 of 2018, Sri.N.Nandakumara Menon, the learned Senior Counsel appearing for the petitioner in W.P(C).No.41342 of 2018 and Sri.V.Manu, the learned Senior Government Pleader appearing for the respondents.

(3.) The learned Senior Counsel appearing for the petitioner in W.P(C).No.41070 of 2018 would contend that Section 129 of the Act provides for the framing of Rules for the purpose of carrying out the purposes of the Act. Section 129(2) of the Act states that the Rules may provide for all or any of the following matters, namely, (a) all matters expressly required or allowed by this Act to be prescribed; and (b) all other matters which are or may be prescribed. It is stated that the State Police Complaints Authority is constituted under Section 110 of the Act. Section 110(5) provides that the terms and conditions of service, salary of the members of the State Authority, District Authorities and the procedure of the authorities shall be such as may be prescribed. It is therefore contended that the term of office of the Members of the Authority is to be prescribed by Rules framed by the Government. It is contended that draft rules had been framed by the Authority itself and forwarded to the Government, but no further steps had been taken to place the Rules before the Legislative Assembly as required by Section 129(3) of the Act. It is contended that the respondents are issuing orders in terms of Section 130 of the Act. It is stated that the State Government does not have the power to issue any such executive instructions for removal of all difficulties after expiry of the period of two years of the commencement of the Act.