Abhilash R.M. v. Additional Director General of Police, State Crime Records Bureau, Thiruvananthapuram; Director General of Police, Police Headquarters, Irvella-yambalam, Thiruvananthapuram, Kerala

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ``` THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE ``` ``` & ``` ``` THE HONOURABLE MRS. JUSTICE SHOBA ANNAMMA EAPEN MONDAY, THE 26[TH] DAY OF FEBRUARY 2024 / 7TH PHALGUNA, 1945 ``` ``` OP(KAT) NO. 74 OF 2024 ``` ``` AGAINST THE ORDER/JUDGMENT IN OA 1491/2020 OF KERALA ``` ## **`ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM`** ## **`PETITIONER/S:`** ``` ABHILASH R.M., AGED 43 YEARS ``` ``` S/O M.S. MADHUSOODANAN, POLICE CONSTABLE, HCH 1395, TELECOMMUNICATION SUB UNIT, POLICE TELECOMMUNICATION HEADQUARTERS, PATTOM, THIRUVANANTHAPURAM CITY-695004, RESIDING AT AYAM VEEDU,TC 10/2220(1), KANJIRAMPARA, SASTHAMANGALAM VILLAGE, KANJIRAMPARA P.O., THIRUVANANTHAPURAM KERALA- PIN:- 695030 ( NOW WORKING AS ASSISTANT SUB INSPECTOR OF POLICE,POLICE TELECOMMUNICATION, HQ STORE, THIRUVANANTHAPURAM ), PIN - 695030 ``` ``` BY ADVS. RAJESH. K.RAJU MOHAPRASEED MOHAN ``` ## **`RESPONDENT/S:`** - **`1 THE ADDITIONAL DIRECTOR GENERAL OF POLICE, STATE CRIME RECORDS BUREAU, THIRUVANANTHAPURAM, ADGPSCRB, POLICE HEAD QUARTERS, VAZHUTHAKADU P.O., THIRUVANANTHAPURAM , KERALA, PIN - 695010`** - **`2 THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, IRVELLAYAMBALAM, THIRUVANANTHAPURAM, KERALA ( IS IMPLEADED AS PER ORDER DATED 2/3/2022 IN M.A. NO. 424/2022 IN OA 1491/ 2020 ), PIN – 695010`** ``` BY GOVERNMENT PLEADER, ADV. VINITHA.B ``` ``` THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 26.02.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` ``` OP(KAT) NO. 74 OF 2024 ``` ``` 2 ``` ## **`JUDGMENT`** ## **`Dated this the 26[th] day of February, 2024`** ## **`A.MUHAMED MUSTAQUE (J)`** The petitioner in this original petition is a police constable, who was an applicant in O.A.No.1491 of 2020 dated 08.06.2022, filed before the Kerala Administrative Tribunal, Thiruvananthapuram. A crime was registered against the petitioner under Section 279 of IPC read with Sections 185, 188, 3 (1) and Section 181 of the Motor Vehicles Act. The applicant was acquitted by the Judicial First Class Magistrate Court - I, Neyyattinkara. However, based on memo of charges and statement of allegations issued, disciplinary proceedings were initiated against him. The enquiry officer found that the petitioner is guilty of the charges levelled against him. However the applicant was imposed only minor punishment of “black mark”. Thereafter, the first respondent - The Additional Director General of Police, issued a show cause notice to the petitioner to enhance the punishment and called for his objection. After adverting to the response of the petitioner, the punishment was enhanced with barring one annual increment with cumulative effect. ``` OP(KAT) NO. 74 OF 2024 ``` ``` 3 ``` 2. The petitioner filed a statutory appeal before the Director General of Police, which was not considered. Pending that appeal, the petitioner approached the Kerala Administrative Tribunal challenging the penalty imposed. The Tribunal did not interfere with the penalty imposed, but directed to consider his appeal by the second respondent, Director General of Police. Not satisfied with the directions of the Tribunal, the petitioner approached this Court. 3. We perused the charge memo. The charge memo is identical to the charges in a criminal case. It is to be noted that one more allegation was stated in the charge memo that though an attempt was made to stop the vehicle, the driver of the vehicle did not stop the vehicle and proceeded. But as seen from the fact itself, the petitioner was a pillion rider and not the driver. All other offences against him were not proved and the petitioner has been acquitted. Since he was not the driver, the non stoppage of the vehicle by the driver cannot be resulted in any disciplinary action against him. It is to be noted that, absolutely no other allegations have been raised against the petitioner other than allegations in a criminal offence. ``` OP(KAT) NO. 74 OF 2024 ``` ``` 4 ``` 4. The learned counsel placed reliance on the judgment of this Court in **State of Kerala v. Vijayakumar [2021 (4) KLT 35]** , wherein, in a matter related to Police Department enquiry, this Court held that once the criminal proceedings are dropped, no penalty can be imposed in departmental proceedings under Section 101(8)(1) of the Police Act. 5. Section 101 (8) of the Kerala Police Act which reads thus:- ## **101. Departmental Enquiry Proceedings.-** (1)xxx (2)xxx (3)xxx (4)xxx (5)xxx (6)xxx (7)xxx (8.) (1) Department level enquiry proceedings may be initiated against any police officer for the same matter even though he was exonerated by a criminal ``` OP(KAT) NO. 74 OF 2024 ``` ``` 5 ``` court after trial, he shall not be subjected to penalties on the basis of the same facts in department level enquiry. (2) A police officer if convicted for an offence involving moral turpitude or serious misconduct the disciplinary authority concerned or the State Police Chief or the Government may, after considering the nature of the offence, make him compulsorily retire or remove or dismiss that officer from service. 6. This Court in O.P.(KAT) No.314/2019 held that, if the departmental proceedings initiated against the delinquent police servant on the same or the identical facts in a criminal case, on his acquittal, no penalty can be imposed on the basis of the same facts as in the criminal case, that is the mandate of Section 101 (8) of the Police Act. If there are no other allegations levelled against the petitioner other than referred in a criminal case, based on exoneration, the disciplinary proceedings will have to be dropped, as we cannot subject him to any penalty based on the same facts in the criminal case. ``` OP(KAT) NO. 74 OF 2024 ``` ``` 6 ``` In the light of law mentioned above in **State of Kerala’s case (supra)** , we are of the view that, all the disciplinary proceedings against the petitioner shall be quashed. The Original Petition is disposed of accordingly. ``` Sd/- ``` ``` A.MUHAMED MUSTAQUE JUDGE ``` ``` Sd/- ``` ``` SHOBA ANNAMMA EAPEN JUDGE ``` RK ``` OP(KAT) NO. 74 OF 2024 ``` ``` 7 ``` ## **`APPENDIX OF OP(KAT) 74/2024`** - **`PETITIONER ANNEXURES Annexure A1 THE TRUE COPY OF THE JUDGMENT IN ST NO. 799 OF 2013 DATED 25-02-2020`** - **`Annexure A2 THE TRUE COPY OF THE MEMO OF CHARGES NO. 195/TELE/KTM/13 ISSUED BY THE INSPECTOR GENERAL OF POLICE`** - **`Annexure A3 THE TRUE COPY OF THE REPLY SUBMITTED BY THE APPLICANT DATED 31-08-2013.`** - **`Annexure A4 THE TRUE COPY OF THE ORDER NO. H16881/2020/TELE DATED 27-05-2020`** - **`Annexure A5 THE TRUE COPY OF THE ORDER NO. A25936/2020/SRB DATED 30.07.2020`** - **`Annexure A6 THE TRUE COPY OF THE REPLY SUBMITTED BY THE APPLICANT TO THE RESPONDENT DATED 31-07-2020.`** - **`Annexure A7 THE TRUE COPY OF THE ORDER NO. A25936./2020/SCRB DATED 14-08-2020`** - **`Annexure A8 TRUE COPY OF THE APPEAL DATED 05.10.2020 SUBMITTED BY THE APPLICANT BEFORE THE 2ND RESPONDENT`** - **`Annexure P-1 CERTIFIED COPY OF THE ORDER DATED 08/06/2022 IN O A NO. 1491/2020 OF THE HONORABLE KAT`** - **`Annexure P-2 TRUE COPY OF THE HEARING, LETTER NO. G6- 48690/2022/PHQ DATED 04/08/2022 OF THE SENIOR SUPERINTENDENT ISSUED ON BEHALF OF THE STATE POLICE CHIEF`** - **`Exhibit P1 A TRUE COPY THE ORIGINAL APPLICATION DATED 25/9/2020 ALONG WITH ANNEXURES A- 1 TO ANNEXURE A-8 FILED BY PETITIONER HEREIN/APPLICANT IN THE O.A. BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM`** - **`Exhibit P2 CERTIFIED COPY OF THE ORDER DATED 8/6/2022 IN O.A. 1491 OF 2020 OF THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM`** - **`Exhibit P3 A TRUE COPY OF THE LETTER NUMBER G6-`** ``` OP(KAT) NO. 74 OF 2024 ``` ``` 8 ``` ``` 48690/2022/PHQ (1) DATED 16/8/2022 FROM THE 2ND RESPONDENT TO THE ADDITIONAL CHIEF SECRETARY, HOME (H) DEPARTMENT, GOVERNMENT OF KERALA ``` ## **`Exhibit P4`** ## **`Exhibit P5`** ``` A TRUE COPY OF THE CONTEMPT PETITION (CIVIL) 198 OF 2022 IN OA 1491/2020 DATED 31/10/2022 ALONG WITH ANNEXURE P1 AND ANNEXURE P2 THEREIN FILED BY PETITIONER HEREIN/APPLICANT IN OA BEFORE THE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ``` ``` CERTIFIED COPY OF THE ORDER DATED 7/12/2022 IN C.P. NUMBER 198 OF 2022 IN O.A. NO.1491 OF 2020 OF THE KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM ```