K. V. THOMAS Vs. STATE OF KERALA

JUDGEMENT

(1.) Appellant while working as Head Constable in the Kottayam Police Station was served with a memo of charges. The first charge was that he had misbehaved with the Manager of a Hotel on 12-11-1983 using abusive language and caused inconvenience to the conduct of hotel business and the second charge was that on 24-1-1984 in a druken state he misbehaved indecently in public affecting the dignity of the police force. On the basis of the memo of charges disciplinary proceedings were initiated against him. He was found guilty of both the charges and was imposed with the punishment of compulsory retirement from service with effect from 16-2-1984. Appeal preferred by the appellant was rejected by the Inspector General of Police, against which he preferred appeal before the Government which was also rejected vide order dated 5-1-1988. Those orders were earlier challenged by the appellant before this court in O.P.No.5672 of 1988. This court however set aside the Government order dated 5-1-1988 stating as follows:

(2.) The above mentioned judgment was delivered by this court on 27-5-1992. While the matter was pending before this court appellant attained the age of superannuation on 31-3-1989. As directed by this court the matter was reconsidered on merits and Government passed Ext. P2 order dated 3-3-1993 cancelling the earlier punishment of compulsory retirement from service and imposed a lesser punishment of barring of two increments with cumulative effect from 16-2-1984, and decided to reinstate the appellant in service with effect from 16-2-1984.

(3.) Government later took steps to regularise the services of the appellant for finalisation of his retirement benefits. Government therefore proposed to treat the period from 16-2-1984 to 31-3-1989 as duty for the limited purpose of pension and pay and allowances were limited to the substance allowed already drawn. To the said proposal objections were called for from the appellant. Objections were filed but overruled by the Government vide order dated 23-11-1993 which was under challenge in the Writ Petition. Learned single Judge of this court upheld the order of the Government against which this appeal is preferred.