High Court of KeralaDivision BenchDisposed: All OP(KAT) Nos. 208/2019 and connect...
OP(KAT) No.208 of 2019 and connected cases (Batch: OP(KAT) Nos. 144/2019; 239/2019; 243/2019; 253/2019; 267/2019; 297/2019; 311/2019; 324/2019) — High Court of Kerala, Ernakulam
Case / Petition Number:OP(KAT).208 of 2019 (and connected cases)
Case Details & Bench
- Court
- High Court of Kerala
- Hon'ble Judges
- K. Vinod Chandran
- V. G. Arun
- Judgment Date
- 2019-11-16
- Court Decision / Holding
- Court held that Kerala Police Act overrides KS&SSR; penalties under Section 101(4) can be considered in evaluating merit, but do not automatically bar promotion in the three-year assessment window; officers with penalties within the listed items may still be promoted in the year of consideration, subject to sealed-cover where proceedings are pending; those exonerated or whose proceedings are dropped are entitled to promotion; all OP(KAT) Nos.208, 239, 243, 253, 267, 297, 311, 324 were dismissed, except OP(KAT) No.144 of 2018 which is also dismissed on principle though it notes seniority considerations; the court directs that promotions be effected from the year of eligibility as appropriate, with the sealed cover opened if and when exoneration occurs.
- Final Disposition
- Disposed: All OP(KAT) Nos. 208/2019 and connected cases were dismissed; OP(KAT) No.144/2019 dismissed on principle; officers to be promoted in the year of eligibility in the absence of exoneration, subject to sealed-cover where applicable; the court directed promotions for qualified officers from the relevant year, with costs ordered as appropriate.
Parties to the Case
Appellants / Petitioners
- State of Kerala
- Departmental Promotion Committee (Higher) for Police Department
- State Police Chief
- District Police Chief, Ernakulam Rural
Respondents
- Manoj Kabeer M.K.
- Jeyasanil.R.
- Sunil Kumar E.
- Anil Kumar T.
- Santosh Kumar.R.
- RAVINDRANATH (V.G. Ravindranath) - deputy case mention not required here
- Udayabhanu.K.S.
- Madhu Babu.M.R.
Legal Representation & Advocates
Counsels for Petitioners
- • Antony Mukkath (Senior Government Pleader)
Counsels for Respondents
- • S.P. Aravindakshan Pillay
- • N. Santha
- • V. Varghese
- • Peter Jose Christo
- • S.A. Anand
- • K.N. Remya
- • L. Annapoorna
- • Vishnu V.K.
- • Kum. Abhirami K. Uday
- • P. Nandakumar
- • G. Sivasankar
- • T.R. Rajesh
Case Synopsis & Summary
This is a batch decision of the Kerala High Court (OP(KAT) Nos. 208/2019 and connected petitions) addressing the lawfulness of Departmental Promotion Committee (Higher) promotions in the Kerala Police, for years 2014–2018. The core question is whether the general merit-based promotion rule under the KS&SSR (1958) can survive alongside the special Police Act, 2011 provisions, particularly Section 101(6) (penalties) and its relation to promotion. The court surveys a spectrum of precedents: Union of India v Janakiraman, State of Tamil Nadu v K.S. Murugesan, Mohd. Faizal K.A. v D. Sali, S. Prakash v K.M. Kurian, and Prasad Kurien v K.J. Augustine, to determine whether penalties imposed in relevant assessment years should bar promotion. It ultimately holds that the Police Act overrides the KS&SSR, and penalties within Section 101(4) may be relevant to merit, but do not categorically bar promotion; pending disciplinary actions require a sealed-cover approach, to be opened if exoneration occurs. The court dismisses most petitions (except OP(KAT) No.144/2018 on principle) with directions to promote eligible officers in the corresponding year, subject to the sealed-cover open action where applicable, and clarifies that penalties under 101(4) shall not necessarily prevent promotion.
Provisions of Law Cited
Kerala State and Subordinate Services Rules, 1958 (KS&SSR)Kerala Police Act, 2011, Section 101(6)Kerala Police Act, 2011, Section 101(4)(a)-(j)Rule 28(b)(i)(7), (8), (11) of KS&SSRRule 28(b)(iA) and (ii) of KS&SSRRule 2 of KS&SSRNote (3) to Rule 5 of KS&SSR General RulesArticle 309 of the Constitution of India
Legal Doctrines & Maxims
- generalia specialia derogant (special rules derogate from general rules)
- generalia specialibus non derogant (general rules do not derogate from special rules)
Submissions & Arguments
Contentions of Appellants / Petitioners
The applicants contended that though penalties exist under Section 101(4) of the Kerala Police Act, 2011, these penalties, being within items (a) to (j), should not automatically bar promotion for the years under consideration. They argued that Section 101(6) (as originally enacted) protected penal actions from affecting merit, and that the KS&SSR rules (Rule 5 and Note (3)) are overridden by the Police Act, a later, special statute. Promotions should be decided on merit and seniority in the three years preceding the year of consideration, with provisional or sealed-cover promotions used only where necessary; penalties should not defeat promotion where the officer otherwise meets the required merit, with the possibility of exoneration or ongoing proceedings being appropriately managed by the sealed-cover mechanism.
Contentions of Respondents
The respondents urged that penalties under Section 101(4) of the Police Act (a–j) rightly operate as disqualifications for promotion; the Police Act (a)–(j) penalties are meant to safeguard discipline and are intended to routinely affect the select-list for promotions. They argued that KS&SSR must yield to the Police Act as a later, special statute, with Rule 5 Note (3) (which fixes proportional direct recruitment vs transfer) being applicable to cadre strength. They relied on S. Prakash and Prasad Kurien to contend that general rules can override special rules where explicitly stated, and on Union of India v Janakiraman and Mohd. Faizal K.A. to justify using penalties against merit; pending proceedings must be handled via sealed-cover, and promotions must reflect the outcome of those proceedings.
Cited Precedents (6)
| Case Name | Citation | Treatment | Explanation |
|---|---|---|---|
| Union of India v Janakiraman | (1991) 4 SCC 109 | Positive | Used to support the proposition that penalties once decided can influence merit and that promotion may be affected by disciplinary actions. |
| State of Tamil Nadu v. K.S. Murugesan | (1995) 3 SCC 273 | Positive | Cited to reinforce that penalties can be a relevant consideration in promotion decisions in the police service. |
| Mohd. Faizal K.A. v. D. Sali | (2017) 16 SCC 394 | Positive | Cited to show that penalties imposed in one year can spill over into assessment years and still be considered in promotion decisions. |
| S. Prakash v. K.M. Kurian | (1999) 5 SCC 624 | Positive | Used to discuss the general vs. special rule interplay and to argue the primacy of the later general rule in certain contexts. |
| Prasad Kurien v. K.J. Augustine | (2008) 3 SCC 529 | Positive | Cited similarly to Prakash for the application of general rules over special rules when expressly provided. |
| Ajoy Kumar Banerjee v Union of India | (1984) 3 SCC 127 | Mentioned Only | Discussed as a general principle on interpretation of general vs. special rules; not a direct controlling authority in the outcome. |
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Extracted Judgment Text
Exact text extracted from official judgment records.
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
## **THE HONOURABLE MR.JUSTICE V.G.ARUN**
**SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941**
## **OP(KAT).No.208 OF 2019**
**AGAINST THE ORDER IN OA 262/2019 DATED 22-03-2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/ RESPONDENTS 1 TO 3 IN O.A.:**
|**1**|**STATE OF KERALA,**|
|---|---|
||**REPRESENTED BY THE SECRETARY TO GOVERNMENT,**|
||**HOME DEPARTMENT,**|
||**GOVERNMENT SECRETARIAT,**|
||**THIRUVANANTHAPURAM-695001.**|
|**2**|**DEPARTMENTAL PROMOTION COMMITTEE (HIGHER)**|
||**FOR POLICE DEPARTMENT,**|
||**REPRESENTED BY ITS CONVENER,**|
||**THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,**|
||**HOME DEPARTMENT,**|
||**SECRETARIAT,**|
||**THIRUVANANTHAPURAM, KERALA-695001.**|
|**3**|**STATE POLICE CHIEF,**|
||**POLICE HEAD QUARTERS,**|
||**THIRUVANANTHAPURAM,**|
||**KERALA-695010.**|
||**BY SR. GOVERNMENT PLEADER SRI.ANTONY MUKKATH.**|
**OP(KAT).208 of 2019 & - 2 - connected cases.**
## **RESPONDENT/APPLICANT IN O.A:**
**MANOJ KABEER M.K., S/O.M.P.MUHAMMED KUNJU, DEPUTY SUPERINTENDENT OF POLICE, NARCOTIC CELL, KALPETTA, WAYANAD-673121, (UNDER ORDER OF REVERSION AS INSPECTOR OF POLICE), RESIDING AT ALAPPUZHA , KERALA-688538.**
**R1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R1 BY ADV. SMT.N.SANTHA R1 BY ADV. SRI.V.VARGHESE R1 BY ADV. SRI.PETER JOSE CHRISTO R1 BY ADV. SRI.S.A.ANAND R1 BY ADV. SMT.K.N.REMYA R1 BY ADV. SMT.L.ANNAPOORNA R1 BY ADV. SHRI.VISHNU V.K. R1 BY ADV. KUM.ABHIRAMI K. UDAY**
**THIS ORIGINAL PETITION (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 08-11-2019, ALONG WITH OP(KAT).144/2019, OP(KAT).239/2019, OP(KAT).243/2019, OP(KAT).253/2019, OP(KAT).267/2019, OP(KAT).297/2019, OP(KAT).311/2019, OP(KAT).324/2019, THE COURT ON 16-11-2019 DELIVERED THE FOLLOWING:**
**OP(KAT).208 of 2019 & - 3 - connected cases.**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941**
**O.P(KAT).No.144 OF 2019**
**AGAINST THE ORDER IN O.A.2234/2017 DATED 06-09-2018 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/ RESPONDENTS 1 TO 4 IN O.A.:**
- **1 STATE OF KERALA, REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001, KERALA.**
- **2 SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001, KERALA.**
- **3 STATE POLICE CHIEF, KERALA POLICE, HEAD QUARTERS, VAZHTHACAUD, THIRUVANANTHAPURAM- 695014, KERALA.**
- **4 CONVENOR,**
**DEPARTMENTAL PROMOTION COMMITTEE (LOWER) KERALA POLICE, HEAD QUARTERS, VAZHTHACAUD, THIRUVANANTHAPURAM- 695014, KERALA.**
## **BY SR. GOVERNMENT PLEADER SRI.ANTONY MUKKATH.**
## **RESPONDENT/ APPLICANT IN O.A.:**
**JEYASANIL.R., S/O.RAMACHANDRAN, KADUKKARA(H), MAVELI, PANMANA, CHAVARA, KOLLAM- 691583, NOW WORKING AS SUB INSPECTOR OF POLICE, DISTRICT CRIME BRANCH, THIRUVANANTHAPURAM CITY, THIRUVANANTHAPURAM, KERALA- 695014.**
## **R1 BY ADV. SRI.P.NANDAKUMAR**
**THIS ORIGINAL PETITION (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 08-11-2019, ALONG WITH OP(KAT).208/2019, OP(KAT).239/2019, OP(KAT).243/2019, OP(KAT).253/2019, OP(KAT).267/2019, OP(KAT).297/2019, OP(KAT).311/2019, OP(KAT).324/2019, THE COURT ON 16-11-2019 DELIVERED THE FOLLOWING:**
**- 4 -**
**OP(KAT).208 of 2019 & connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
## **THE HONOURABLE MR.JUSTICE V.G.ARUN**
**SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941 OP(KAT).No.239 OF 2019**
**AGAINST THE ORDER IN O.A.258/2019 DATED 22-03-2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/ RESPONDENTS 1 TO 4 IN O.A.:**
|**1**|**STATE OF KERALA, REPRESENTED BY**|
|---|---|
||**THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,**|
||**HOME (A) DEPARTMENT,**|
||**GOVERNMENT SECRETARIAT,**|
||**THIRUVANANTHAPURAM-695 001, KERALA.**|
|**2**|**STATE POLICE CHIEF,**|
||**POLICE HEAD QUARTERS,**|
||**THIRUVANANTHAPURAM,**|
||**KERALA-695 010, KERALA.**|
|**3**|**DEPARTMENTAL PROMOTION COMMITTEE (HIGHER),**|
||**REPRESENTED BY ITS CONVENER,**|
||**THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,**|
||**HOME (A) DEPARTMENT, SECRTARIAT,**|
||**THIRUVANANTHAPURAM,**|
||**KERALA -695 001.**|
|**4**|**THE DISTRICT POLICE CHIEF,**|
||**DISTRICT POLICE OFFICE,**|
||**ERNAKULAM RURAL, ALUVA, ERNAKULAM,**|
||**KERALA-683 101**|
||**BY SR. GOVERNMENT PLEADER SRI.ANTONY MUKKATH.**|
**OP(KAT).208 of 2019 & - 5 - connected cases.**
## **RESPONDENT/ APPLICANT IN O.A:**
**V.G.RAVINDRANATH, AGED 46 YEARS, S/O THE LATE GOPINATHAN NAIR,**
**(DEPUTY SUPERINTENDENT OF POLICE, SPECIAL BRANCH, ALUVA, ERNAKULAM RURAL,**
**RESIDING AT VALVANATTA HOUSE, PANORAMA GARDENS, INTUC JUNCTION, NETTOOR, ERNAKULAM, KERALA-682 049 (UNDER ORDER OF REVERSION AS INSPECTOR OF POLICE).**
**R1 BY ADV. P.C.SASIDHARAN**
**THIS ORIGINAL PETITION (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 08-11-2019, ALONG WITH OP(KAT).144/2019, OP(KAT).208/2019, OP(KAT).243/2019, OP(KAT).253/2019, OP(KAT).267/2019, OP(KAT).297/2019, OP(KAT).311/2019, OP(KAT).324/2019, THE COURT ON 16-11-2019 DELIVERED THE FOLLOWING:**
**OP(KAT).208 of 2019 & - 6 - connected cases.**
**IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941**
**O.P(KAT).No.243 OF 2019**
**AGAINST THE ORDER IN OA 236/2019 DATED 22-03-2019 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/ RESPONDENTS 1 TO 3 IN O.A.:**
**1 STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE , THIRUVANANTHAPURAM-695 001.**
**2 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, KERALA-695 010**
**3 THE DEPARTMENTAL PROMOTION COMMITTE (HIGHER), REPRESENTED BY ITS CONVENER AND ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695 001.**
**BY SR. GOVERNMENT PLEADER SRI.ANTONY MUKKATH.**
## **RESPONDENT/ APPLICANT IN O.A.:**
**ANIL KUMAR T., S/O THOMAS, RESIDING AT JOSE VILASAM , PADAPPAKARA P.O., PERAYAM, KOLLAM-691 503, DEPUTY SUPERINTENDENT OF POLICE, SPECIAL BRANCH, ALAPPUZHA, KERALA-688 505**
**R1 BY ADV. SRI.P.NANDAKUMAR R1 BY ADV. SRI.G.SIVASANKAR**
**THIS ORIGINAL PETITION (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 08-11-2019, ALONG WITH OP(KAT).144/2019, OP(KAT).208/2019, OP(KAT).239/2019, OP(KAT).253/2019, OP(KAT).267/2019, OP(KAT).297/2019, OP(KAT).311/2019, OP(KAT).324/2019, THE COURT ON 16-11-2019 DELIVERED THE FOLLOWING:**
**- 7 -**
**OP(KAT).208 of 2019 & connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941**
## **OP(KAT).No.253 OF 2019**
**AGAINST THE ORDER IN OA 314/2019 DATED 22.03.2019 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/ RESPONDENTS 1 TO 4 IN O.A.:**
|**1**|**STATE OF KERALA,**|
|---|---|
||**REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO**|
||**GOVERNMENT,**|
||**HOME (A) DEPARTMENT,**|
||**GOVERNMENT SECRETARIAT,**|
||**THIRUVANANTHAPURAM - 695 001, KERALA.**|
|**2**|**STATE POLICE CHIEF,**|
||**POLICE HEAD QUARTERS,**|
||**THIRUVANANTHAPURAM, KERALA - 695 010, KERALA.**|
|**3**|**DEPARTMENTAL PROMOTION COMMITTEE (HIGHER),**|
||**REPRESENTED BY ITS CONVENER,**|
||**THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT,**|
||**HOME (A) DEPARTMENT,**|
||**SECRETARIAT, THIRUVANANTHAPURAM,**|
||**KERALA - 695 001.**|
|**4**|**SUPERINTENDENT OF POLICE,**|
||**SBCID (WRONGLY SHOWN AS CBCID),**|
||**THRISSUR - 680 001, KERALA.**|
||**BY SR. GOVERNMENT PLEADER SRI.ANTONY MUKKATH.**|
**OP(KAT).208 of 2019 & - 8 - connected cases.**
## **RESPONDENT/ APPLICANT IN O.A.:**
**SANTHOSH KUMAR.R.,**
**DEPUTY SUPERINTENDENT OF POLICE, CBCID, MALAPPURAM, RESIDING AT PALLATHIL HOUSE, VETTUVILA, THUMPODU, KALLARA P.O., THIRUVANANTHAPURAM, KERALA - 695 608 (UNDER ORDER OF REVERSION AS CIRCLE INSPECTOR OF POLICE).**
**R1 BY ADV. P.C.SASIDHARAN.**
**THIS ORIGINAL PETITION (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 08-11-2019, ALONG WITH OP(KAT).144/2019, OP(KAT).208/2019, OP(KAT).239/2019, OP(KAT).243/2019, OP(KAT).267/2019, OP(KAT).297/2019, OP(KAT).311/2019, OP(KAT).324/2019, THE COURT ON 16-11-2019 DELIVERED THE FOLLOWING:**
**- 9 -**
**OP(KAT).208 of 2019 & connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
## **THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941**
## **OP(KAT).No.267 OF 2019**
**AGAINST THE ORDER IN OA.259/2019 DATED 22-03-2019 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/ RESPONDENTS 1 TO 4 IN O.A:**
- **1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001**
- **2 STATE POLICE CHIEF POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, KERALA - 695 010**
- **3 DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) REPRESENTED BY ITS CONVENER, THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME (A) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, KERALA - 695 001**
- **4 THE DISTRICT POLICE CHIEF, DISTRICT POLICE OFFICE, KOZHIKODE RURAL, VADAKARA, KOZHIKODE - 673 005**
## **BY SR. GOVERNMENT PLEADER SRI.ANTONY MUKKATH.**
**- 10 -**
**OP(KAT).208 of 2019 & connected cases.**
## **RESPONDENT/ APPLICANT IN O.A.:**
**SUNIL KUMAR E., AGED 47 YEARS S/O. K. K. PADMANABHAN NAIR, (DEPUTY SUPERINTENDENT OF POLICE, NADAPURAM SUB DIVISION, KOZHIKODE RURAL, RESIDING AT PADMA VILASAM, MNDAKKAL, POOVATTUPARAMBA P. O., KOZHIKODE, KERALA - 673 008 (UNDER ORDER OF REVERSION AS INSPECTOR OF POLICE)**
## **R1 BY ADV. P.C.SASIDHARAN.**
**THIS ORIGINAL PETITION (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 08-11-2019, ALONG WITH OP(KAT).144/2019, OP(KAT).208/2019, OP(KAT).239/2019, OP(KAT).243/2019, OP(KAT).253/2019, OP(KAT).297/2019, OP(KAT).311/2019, OP(KAT).324/2019, THE COURT ON 16-11-2019 DELIVERED THE FOLLOWING:**
**OP(KAT).208 of 2019 & - 11 - connected cases.**
# **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
# **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
**&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941**
**OP(KAT).No.297 OF 2019**
**AGAINST THE ORDER IN OA.252/2019 DATED 22/03/2019 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/ RESPONDENTS 1 TO 3 IN O.A.:**
**1 STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, STATUE, THIRUVANANTHAPURAM 695 001 KERALA. 2 THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM, KERALA 695 010.**
**3 THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), REPRESENTED BY ITS CONVENER AND ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM KERALA, 695 001.**
**BY SR. GOVERNMENT PLEADER SRI.ANTONY MUKKATH.**
## **RESPONDENT/ APPLICANT IN O.A.:**
**UDAYABHANU.K.S, S/O. SREEDHARAN, DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME BRANCH, ERNAKULAM RURAL, ALUVA 683 101, RESIDING AT KUZHIVILAYIL VEEDU, MULLIKALA, THEVARAKKARA P.O., KOLLAM, KERALA 690 524.**
**R1 BY ADV. SRI.P.NANDAKUMAR**
**THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 08-11-2019, ALONG WITH OP(KAT).144/2019, OP(KAT).208/2019, OP(KAT).239/2019, OP(KAT).243/2019, OP(KAT).253/2019, OP(KAT).267/2019, OP(KAT).311/2019, OP(KAT).324/2019, THE COURT ON 16-11-2019 DELIVERED THE FOLLOWING:**
**OP(KAT).208 of 2019 & - 12 - connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941**
**OP(KAT).No.311 OF 2019**
**AGAINST THE ORDER IN OA.1840/2018 DATED 12-04-2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.**
## **PETITIONERS/ RESPONDENTS 1 TO 3 IN O.A.:**
- **1 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.**
- **2 STATE POLICE CHIEF, OFFICE OF THE STATE POLICE CHIEF, VAZHUTHACAUD, THIRUVANANTHAPURAM, KERALA-695 001.**
- **3 CONVENER,**
**DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), (SECRETARY TO GOVERNMENT), HOME DEPARTMENT, SECRETARIAT, STATUE, THIRUVANANTHAPURAM, KERALA-695001.**
## **BY SR. GOVERNMENT PLEADER SRI.ANTONY MUKKATH.**
## **RESPONDENT/ APPLICANT IN O.A.:**
**MADHU BABU.M.R., S/O. M.K.RAGHAVAN, RESIDING AT VYSAKH, CHENNEERKKARA P.O., PATHANAMTHITTA-689 503,**
**WORKING AS DEPUTY SUPERINTENDENT OF POLICE, DISTRICT CRIME RECORDS BUREAU, WAYANAD, KERALA-673 122.**
**R1 BY ADV. SRI.P.NANDAKUMAR R1 BY ADV. SRI.G.SIVASANKAR**
**THIS ORIGINAL PETITION (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 08-11-2019, ALONG WITH OP(KAT).144/2019, OP(KAT).208/2019, OP(KAT).239/2019, OP(KAT).243/2019, OP(KAT).253/2019, OP(KAT).267/2019, OP(KAT).297/2019, OP(KAT).324/2019, THE COURT ON 16-11-2019 DELIVERED THE FOLLOWING:**
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**OP(KAT).208 of 2019 & connected cases.**
## **IN THE HIGH COURT OF KERALA AT ERNAKULAM**
## **PRESENT**
**THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN**
## **&**
**THE HONOURABLE MR.JUSTICE V.G.ARUN**
**SATURDAY, THE 16TH DAY OF NOVEMBER 2019 / 25TH KARTHIKA, 1941**
## **OP(KAT).No.324 OF 2019**
**AGAINST THE ORDER IN OA 235/2019 DATED 22-03-2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM**
## **PETITIONERS/ RESPONDENTS 1, 2 & 4 IN O.A.:**
- **1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME (A) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001**
- **2 STATE POLICE CHIEF, OFFICE OF THE STATE POLICE CHIEF, POLICE HEAD QUARTERS, VELLAYAMBALAM, THIRUVANANTHAPURAM, KERALA-695 010**
- **3 DEPARTMENT PROMOTION COMMITTEE (HIGHER), REPRESENTED BY ITS CONVENER AND THE ADDITIONAL CHIEF SECRETARY IN CHARGE OF HOME AND VIGILANCE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, KERALA-695 001**
- **BY SR. GOVERNMENT PLEADER SRI.ANTONY MUKKATH.**
## **RESPONDENTS/ APPLICANT & 3RD RESPONDENT IN O.A.:**
- **1 ASOK KUMAR S., S/O. SIVAKUMAR, DEPUTY SUPERINTENDENT OF POLICE, (UNDER ORDER OF REVISION) CRIME BRANCH, OFFICE OF THE DEPUTY SUPERINTENDENT OF POLICE, CRIME BRANCH, KOTTAYAM, KERALA-686 001, RESIDING AT GEETHA NIVAS, PLANTHOTTAM, AMARA. P.O., CHANGANASSERY, KOTTAYAM, KERALA-686 656.**
**OP(KAT).208 of 2019 & - 14 - connected cases.**
**2 SANILKUMAR.C.G., INSPECTOR OF POLICE, ERATTUPETTA POLICE STATION, KERALA-686 121**
**R1 BY ADV. SRI.T.R.RAJESH.**
**THIS ORIGINAL PETITION (KERALA ADMINISTRATIVE TRIBUNAL) HAVING BEEN FINALLY HEARD ON 08-11-2019, ALONG WITH OP(KAT).144/2019, OP(KAT).208/2019, OP(KAT).239/2019, OP(KAT).243/2019, OP(KAT).253/2019, OP(KAT).267/2019, OP(KAT).297/2019, OP(KAT).311/2019, THE COURT ON 16-11-2019 DELIVERED THE FOLLOWING:**
**OP(KAT).208 of 2019 & - 15 - connected cases.**
**K.Vinod Chandran & V.G.Arun, JJ. -------------------------------------O.P(KAT) Nos.208, 144, 239, 243, 253, 267, 297, 311 & 324 of 2019 ---------------------------------------Dated this the 16[th] day of November, 2019**
## **JUDGMENT**
## **K. Vinod Chandran,J:**
**The short question to be considered in the batch of Original Petitions (KAT) is as to whether the general rule in the Kerala State and Subordinate Services Rules, 1958 [for brevity “KS&SSR”], for consideration of merit and suitability for promotion would survive in the context of Section 101(6) of the Kerala Police Act, 2011 [for brevity “Police Act”]; only insofar as the penalties in items (a) to (j) of Section 101(4).**
**2. The challenge before the Tribunal was against the decisions of the Departmental Promotion Committee [for brevity “DPC”] constituted for the purpose of consideration of promotions in the years 2014 to 2018. The applicants before the Tribunal were not included in the select list since they were either under the rigour of penalty or vigilance/disciplinary proceedings pending against them. It was the submission**
**OP(KAT).208 of 2019 & - 16 - connected cases.**
**of the respondents/applicants that the rigour of penalty applied to the relevant assessment years, which admittedly relates to three years prior to the year of consideration, cannot be a bar to promotion when the penalty imposed is one of those under items (a) to (j) of Section 101(4), as per Section 101(6) of the Police Act.**
**3. On facts, the respondent in O.P(KAT) No.208 of 2019 was imposed with a punishment of barring of three increments with cumulative effect on 24.10.2013. The respondent in O.P(KAT) No.239 of 2019 was imposed with a penalty of barring of two increments without cumulative effect vide order dated 08.10.2014. In O.P(KAT) No.243 of 2019, the respondent suffered three penalties; on 04.02.2015, barring of one increment without cumulative effect, on 23.12.2015 and 22.07.2014 two different censures. In O.P (KAT) No.253 of 2019, penalty imposed on the respondent on 22.08.2015, was barring of increment for six months without cumulative effect. The respondent in O.P (KAT) No.267 of 2019 suffered the penalty of barring of one increment for six months without cumulative effect on 11.12.2015. In**
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**O.P(KAT) No.297 of 2019, the respondent suffered a penalty of barring of one increment without cumulative effect on 06.03.2013, which was later reduced as censure. A vigilance enquiry was ordered by G.O. dated 31.08.2018, which was pending at the time of DPC; but later dropped on 30.08.2019. In O.P(KAT) No.311 of 2019, the respondent suffered a penalty of barring of increment for six months without cumulative effect on 26.04.2011 and when the DPC convened, a disciplinary proceeding for imposition of major penalty was initiated on 13.01.2014 and pending. The disciplinary proceeding, later on 04.02.2019, concluded with a penalty imposed of barring of three increments with cumulative effect. The respondent in O.P(KAT) No.324 of 2019 was imposed with a penalty of barring of one increment without cumulative effect on 29.05.2015 and later a minor penalty on 07.01.2014, which stood dropped later on. He also has retired voluntarily on 31.03.2019. All these respondents are concerned with their promotion from the post of Circle Inspector of Police [for brevity “CI”] to the post of Deputy Superintendent of Police [for brevity “Dy.SP”].**
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**OP(KAT).208 of 2019 & connected cases.**
**4. In O.P(KAT) No.144 of 2019, the respondent was included in the zone of consideration for promotion to the post of CI for the vacancy of the year 2017. The respondent was imposed with a penalty of barring of increment for one year without cumulative effect on 26.11.2015. The appeal having been rejected, later the Government issued a show cause notice for enhancement of punishment as increment bar for two years with cumulative effect on 25.09.2017. Another penalty of barring of two increments with cumulative effect was also imposed on 15.02.2017. There are also stated to be two quick verification (Q.V) pending against the officer initiated by the Vigilance and Anti Corruption Bureau.**
**5. Before convening of the DPC, provisional promotions were made since the DPC could not be regularly convened. Admittedly all these persons were promoted provisionally, since such promotion can only be on the basis of seniority. Later, when the DPC was convened, out of 80 officers considered to the post of Dy.SP, only 35 were placed in the select list. These 35 had an unblemished record, at least in the three**
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**OP(KAT).208 of 2019 & connected cases.**
**assessment years prior to the year of their promotion. The provisional promotions made based on seniority, hence, had to be re-visited. The respondents in the OPs (KAT) approached the Tribunal with OAs in which there were interim orders directing them to be continued as Dy.SPs; except in O.P 144 of 2019 who was not granted an interim order. Later, the OAs have been allowed finding that all the penalties, based on which the promotions were declined, are those coming under items (a) to (j) of Section 101(4) as seen from Section 101(6) of the Police Act. There being a prohibition in considering these penalties as a bar for promotion of a police officer, all the respondents were directed to be promoted in the year in which they were eligible to be considered.**
**6. Sri.Antony Mukkath, the learned Senior Government Pleader on verification of the records, submits that in fact all the 80 officers had “Very Good” grading in the ACRs for the relevant assessment years. The respondents herein were not placed in the select list only because of the rigour of penalties which, according to him, DPC was eligible to consider**
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**in the assessment of merit. Sri.Antony Mukkath took us through the facts and elaborately dilated upon the law, basing his arguments on relevant precedents dealing with the specific rules under the KS&SSR. We were specifically taken through Rule 28(b)(i)(7), (8) and (11), 28(b)(iA) and (ii). It is the submission of the learned Government Pleader that while provisional promotions based on seniority alone was perfectly in order, regular promotions are to be made on a consideration of merit and suitability. The consideration of merit and suitability is also with reference to the three assessment years prior to the year of consideration. All the respondents herein are tainted officers, who are imposed with one penalty or other; in some cases more than one. Especially the service being of a uniformed disciplined force, there can be no relaxation in considering the merit of the police officers for promotion to the rank of Dy.SP.**
**7. It is argued on the strength of** _**Union of India v**_ **.** _**Janakiraman**_ **[** _**(1991) 4 SCC 109**_ **] and** _**State of T.N**_ **.** _**v**_ **.** _**K.S.Murugesan**_ **[** _**(1995) 3 SCC 273**_ **] that when an**
**OP(KAT).208 of 2019 & - 21 - connected cases.**
**officer is found guilty in discharge of his duties and a penalty has been imposed, the consequence of the delinquency found does not end there and becomes a relevant consideration in the promotion of the officer to the next rank. The Rules specifically prescribe the consideration for promotion on the assessment of the service records in the three prior years and any taint on the officer by way of a pending disciplinary proceeding or an imposition of penalty would stop his promotion in the year of consideration even if he is otherwise eligible to be so promoted. With respect to a pending disciplinary or judicial proceeding, the 'sealed cover' procedure is adopted, which sealed cover would be opened only in the case of eventual exoneration in the proceeding. On the other hand an imposition of penalty in the relevant assessment years would definitely cast a cloud on the officer's merit and suitability and the DPC is entitled to consider the same for deciding on the merit and suitability to be promoted. When there are other officers without an unblemished record in the relevant assessment years, obviously they have to be preferred over the tainted**
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## **officers.**
**8. Heavy reliance is placed on the decision in** _**Mohd.Faizal K.A. v**_ **.** _**D.Sali**_ **[** _**(2017) 16 SCC 394**_ **], which considered the promotion of police officers in this very State. There, the penalty was imposed in the year 1997, which, however, was not one of the years of assessment since the respondent therein was being considered for promotion in the year 2001. The penalty being the withholding of increment for two years, the rigour spilled over to the relevant assessment years of 1998 and 1999. Even in such a case the Hon'ble Supreme Court, based on the very same rules in the KS&SSR, found that there was no defect in considering such rigour of penalty in the year of assessment as an impediment to the promotion of the candidate.**
**9. Section 101(6) of the Police Act cannot work against the principle as enunciated in the general law applicable to the service. The learned Government Pleader would rely on the principle** _**generalia specialibus non derogant**_ **, which means general things do not derogate from special things and relies on the decisions in** _**S.Prakash v**_ **.** _**K.M.Kurian**_ **[** _**(1999) 5 SCC 624**_ **]**
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**OP(KAT).208 of 2019 & connected cases.**
**&** _**Prasad Kurien v**_ **.** _**K.J.Augustin**_ **[** _**(2008) 3 SCC 529**_ **] to**
**canvass the aforesaid proposition. Both the cited decisions again are on the KS&SSR and the Special Rules applicable to the services within the State.**
**10. Sri.S.P.Aravindakshan Pillay, Sri.P.C.Sasidharan, Sri.P.Nandakumar and Sri.T.R.Rajesh argued for the respondents. At the outset it is pointed out that** _**Mohd.Faizal K.A.**_ **had the year of consideration 2001, far prior to the Police Act of 2011. The effect of Section 101(6) was never considered in the above case. It was contended that the provisions of the Police Act provided for the service conditions in the disciplined force and introduced Section 101, which, according to them, prevails over the general conditions, being a special enactment for the police service within the State of Kerala. Section 101(6) was later removed by an Ordinance dated 08.01.2019 especially in view of the present controversy raised before the Tribunal. However, there is said to be an amendment deleting the provision. This does not affect the adjudication in this case. As of now the Ordinance does not survive.**
**OP(KAT).208 of 2019 & - 24 - connected cases.**
**11. It is submitted that Section 101(6) was introduced by the Legislature in its wisdom and it does not lie at the hands of the DPC or a Tribunal or the Constitutional Court to interfere with the same. It is argued that the Legislature would have contemplated more frequent complaints against those serving in the police, especially since they are actively concerned with the law and order of the State often having to cross swords with the political parties, which makes them prone to allegations of excesses, partisan treatment and so on and so forth. Quite realizing the proclivity to victimization by imposition of penalties, at the hands of the executive Government, the enactment sought to protect those officers, imposed with specified penalties; not understood as grave, from being kept away from their due promotions.**
**12.** _**Mohd.Faizal K.A**_ **., as pointed out earlier, was before Section 101(6) of the Police Act, 2011 came into effect. Chapter VII of the Police Act speaks of service conditions and Section 101 has the nominal heading “Departmental Enquiry Proceedings”. The penalties to be imposed on a police officer who is**
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**found guilty in the disciplinary proceedings are also enunciated in sub-section (4) of Section 101. Sub-section (6), as noticed above, prescribes that the penalties stated in items (a) to (j) above shall not normally be treated as a bar for the promotion of a police officer. The question for consideration would be as to whether the service conditions provided in the Police Act, 2011 would override the provisions of KS&SSR. In this context, we have to notice that KS&SSR prescribes for Special Rules for any category of services which has an overriding effect over the KS&SSR. Here the Legislature thought it fit to bring out an enactment itself to regulate the service conditions of the police personnel, the power to frame which can be traced and sourced to Article 309 of the Constitution of India. Very relevant for consideration of this enactment and the effect it has, would be the two decisions placed before us by the learned Senior Government Pleader, i.e.,** _**S.Prakash**_ **and** _**Prasad Kurien**_ **.**
**13.** _**S.Prakash**_ **was a proceeding initiated by candidates figuring in the rank list for direct recruitment to the post of Sales Tax Officers in the**
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**Agricultural Income Tax and Sales Tax Department. The learned Single Judge found that the direct recruitment to 20% of the vacancies as provided in the Special Rules should be worked out on the basis of the provisions in Note (3) of Rule 5 of the KS&SSR. Note (3) provided that whenever a ratio or percentage is fixed for different methods of recruitment/appointments to a post, the number of vacancies to be filled up by the candidates from each method shall be decided by applying the fixed ratio or percentage to the cadre strength of the post and not to the vacancies existing at any given time. The judgment was set aside in Writ Appeal, finding that the amendment to the General Rules on 05.12.1992 by incorporating Note (3) to Rule 5 was in conflict with the Special Rules and it would hamper the rights of in-service candidates which arise out of the Special Rules.**
**14. The Hon'ble Supreme Court, at the outset, referred to the established principles for interpreting the effect of amendment in the General Rules** _**vis-a-vis**_ **the Special Rules for recruitment. It was held:**
**“The law on this point is well settled to the**
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**effect that from the consideration of the general enactment if the intention of the legislature was to establish a rule of universal application, in such cases, a special provision must give way to the general provision”.**
**Following extract from** _**Ajoy Kumar Banerjee v**_ **.** _**Union of**_
_**India**_ **[(** _**1984) 3 SCC 127**_ **] was made by the Hon'ble Supreme Court, which we extract hereunder:**
**“The general rule to be followed in case of conflict between two statutes is that the later abrogates the earlier one. In other words, a prior special law would yield to a later general law, if either of the two following conditions is satisfied:**
**(i) The two are inconsistent with each other.**
**(ii) There is some express reference in the later to the earlier enactment.**
**If either of these two conditions is fulfilled, the later law, even though general, would prevail”.**
**It was also held that:**
**“If the language is clear and unqualified, the subsequent General Rule would prevail despite repugnancy. If the intention of the rule-making**
**OP(KAT).208 of 2019 & - 28 - connected cases.**
**authority is to sweep away all the Special Rules and to establish a uniform pattern for computation of the ratio or percentage of direct recruits and by transfer, in such a case, the Special rules will give way” (sic) (para 14).**
## **15. The Hon'ble Supreme Court held so in**
**paragraph 17:**
**"17. In our view, the aforesaid submission is without any substance. As discussed above, Rule 5 of the General Rules is enacted to govern the Special Rules with regard to the method of recruitment in cases when appointments are by direct recruitment and by transfer in any substantive vacancies in permanent cadre. The language used in Rule 5 is clear and unqualified. The intention of the legislature of adding Note (3) is also clear and is added to fill in the existing lacuna in the method of recruitment provided in the Special Rules. As stated above, for appointment to Category 3, i.e., to the post of Agricultural Income Tax Officers and others, the method of appointment only provides that 20% of successive substantive vacancies shall be filled or reserved to be filled by direct recruitment and the remaining vacancies are to be filled or reserved to be filled by transfer. On what basis the substantive vacancies are to be determined was not provided and therefore that lacuna is filled up by the aforesaid Note (3) in**
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**Rule 5. In any case, even if there is a repugnancy or inconsistency, the law is settled to the effect that the general rule later in time prevails over the earlier special rule if it clearly and directly supersedes the special rule. It is also well settled that the special rule can be altered, abrogated or repealed by the general rule by an express provision. In the present case, the language of Note (3) specifically makes it applicable to the General Rule stating “whenever” the ratio or percentage is fixed for different methods of recruitment, the method prescribed therein would apply. So the word “whenever” would cover the Special Rule prescribing ratio or percentage of appointment between the direct recruit and by transfer and the rule-making authority has specifically provided that the ratio or percentage for the vacancies is to be computed on the basis “not to the vacancies existing at that time,” but on the basis of the cadre strength. Hence, there is no question of repugnancy between Rule 5 Note (3) and the method of appointment provided in the Special Rules".**
**16. Here we pause to note Rule 5, which has the nominal heading 'Method of Recruitment'. It takes in instances of recruitment made, both directly and by-transfer. By Clause (a) of Rule 5, the proportion or order in which the Special Rules concerned require**
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**vacancies to be filled up, is applicable only to substantive vacancies in the permanent cadre. By Clause (b), it is further provided that a direct recruitment shall be only to a substantive vacancy in the permanent cadre and Clause (c) provides that recruitment to all other vacancies shall be made by transfer. Hence, when the Special Rules provide a proportion or order in which the appointments are to be made directly and by transfer, that proportion or order would apply only to the substantive vacancies in the permanent cadre. Substantive vacancies other than that included in the permanent cadre includes temporary vacancies which are not of short duration as per Note (1); to which recruitment can only be, by-transfer as per Clause (c). 17. Note (3) prescribes the method by which the fixed ratio or percentage of the proportion, in which direct recruitment and by-transfer appointments are made, has to be applied to the cadre strength of the post. It was found by the Apex Court that the contention that the proportion shall be applied on the vacancies as per the Special Rules cannot be countenanced since the General Rules specifically refer**
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**to the Special Rules and provide for the method in which the ratio or percentage is to be applied. Note (3) was also found to be added subsequent to the Special Rules by Kerala State & Subordinate Services (Amendment) Rules, 1992.**
**18.** _**Prasad Kurien**_ **was again a challenge with respect to the manner in which the proportion of promotion and direct recruitment, as provided in the Special Rules had to be applied. There, the challenge was initiated by the in-service candidates against the attempt of the Government to make direct recruitment in excess of the proportion provided in the Special Rules as regulated by Note (3). The Hon'ble Supreme Court followed the earlier judgment in** _**S.Prakash**_ **and held Note (3) of Rule 5 in the General Rules to be governing the application of the proportion prescribed in the Special Rules, again for reason of the amendment having been incorporated after the Special Rules were framed. It was also held that the KS&SSR was deemed to be the Rule framed under an enactment brought out under Article 309 of the Constitution; The Kerala Public Services Act, 1968.**
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**19. In the present case, we are dealing with quite a contrary circumstance, in which event, Rule 2 of the KS&SSR applies. Rule 2 of the KS&SSR is as under:**
**“2. Relation to the Special Rules.- If any provision in the General Rules contained in the part is repugnant to a provision in the Special Rules applicable to any particular service contained in Part III, the latter shall in respect of that service, prevail over the provision in the General Rules in this Part”.**
**Here, the situation is not of a Special Rules framed subsequently to the General Rules, it is an enactment** _**inter alia**_ **regulating the service of the police personnel, viz., the Kerala Police Act, 2011. The power to regulate the service conditions, as we noticed, has to be sourced to Article 309 of the Constitution. The Legislature having enacted such provisions, it overrides the provisions in the KS&SSR. The principle applicable here is :** _**generaliabus specialia derogant (i.e., special things derogate from general things)**_ **and not** _**generalia specialibus non derogant,**_ **which later principle was applied in** _**S.Prakash**_ **and** _**Prasad Kurien.**_
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**20. The provisions of the KS&SSR specifically speak of a 'Select list' prepared on the assessment of merit and ability.** _**Janakiraman**_ **&** _**K.S.Murugesan**_ **in categoric terms declare that a penalty imposed or the employee being under the rigour of penalty, in the assessment years is a relevant consideration for assessment of merit and ability. However, in the instant case the Legislature in its wisdom avoided certain penalties from consideration in the case of police personnel. None can challenge the wisdom of the Legislature. We do not think the learned Senior Government Pleader is correct in saying that such bar from consideration of penalties applies only when a person is included in the select list. Such an interpretation will render otiose sub-section (6) of Section 101 of the Police Act. The bar applies at all times when a person is considered for promotion, equally to the DPC, assessing merit and suitability and the appointing authority, who makes promotions from the 'Select list'.** _**Janakiraman**_ **&** _**K.S.Murugesan**_ **would not be applicable in the teeth of the special provisions in the statute (Police Act) regulating the**
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**service/promotion of police personnel, which is also later in time to the general rules of the KS&SSR.**
**21. We, hence, find that the applicants in the**
**O.A. who were denied promotion only by reason of a penalty having been imposed in any of the relevant assessment years or the rigour of the penalty having spilled over to such assessment years, cannot be excluded if such penalty is coming within items (a) to (j) of Section 101(4) of the Police Act. As far as those persons whose promotions were interdicted for reason of any pending vigilance/disciplinary/judicial proceeding, the same is held to be proper, since till conclusion of proceedings it cannot be assumed that the penalty would be one as provided under Section 101(6). However, their assessment should have been kept in a sealed cover. At this point if a penalty has been imposed, again the above declaration would equally applicable to them and penalty imposed, if comes within items (a) to (j) of Section 101(4), it cannot stand in the way of their promotion. They ought to be promoted with effect from the consideration year on opening of the sealed cover. This declaration applies even if the**
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**sealed cover procedure is not resorted to. As far as those who are exonerated or proceedings dropped, obviously they would be entitled to the promotion.**
**In the light of the above findings, all Original Petitions (KAT) except O.P(KAT) No.144 of 2018 are dismissed. O.P(KAT) No.144 of 2018 would stand dismissed on principle, but it is submitted that on revision of seniority the respondent cannot be considered for promotion in the year 2017, for reason of he being dropped from the zone of consideration. Parties are left to suffer their respective costs.**
**Sd/K.VINOD CHANDRAN JUDGE**
**Sd/V.G.ARUN JUDGE**
## **vku/-**
**OP(KAT).208 of 2019 & - 36 - connected cases.**
## **APPENDIX OF OP(KAT) 208/2019**
**PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE OA ALONG WITH EXHIBITS. EXHIBIT P1(A1) TRUE COPY OF THE GOVERNMENT NOTIFICATION NO.A2/617/2018/HOME DATED 18.1.2019. EXHIBIT P1(A2) TRUE COPY OF THE ORDER NO.A2(A)9953/A/2012/KOR DATED 24.10.2013 OF THE INSPECTOR GENERAL OF POLICE, KOCHI RANGE. EXHIBIT P1(A3) TRUE COPY OF THE GOVERNMENT NOTIFICATION NO.413/LEG.E1/2019/LAW DATED 8.1.2019. EXHIBIT P1(A4) TRUE COPY OF THE GOVERNMENT CIRCULAR NO.1479/ADV/C2/2014/P&ARD DATED 25.9.2014. EXHIBIT P1(A5) TRUE COPY OF THE G.O(RT)NO.368/2019/HOME DATED 2.2.2019. EXHIBIT P1(A6) A TRUE COPY OF THE REPRESENTATION DATED 2.2.2019 SUBMITTED BY THE APPLICANT TO THE CONVENER, DPC(H). EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT. EXHIBIT P3 PHOTOCOPY OF THE ORDER DATED 22.3.2019 IN OA(EKM)NO.262/2019.**
**[TRUE COPY]**
**OP(KAT).208 of 2019 & - 37 - connected cases.**
## **APPENDIX OF OP(KAT) 144/2019**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE O.A.NO.2234/17 ALONG WITH EXHIBITS.**
**EXHIBIT P1(A1) TRUE COPY OF THE SENIORITY LIST FOR THE ELIGIBLE CANDIDATE TO BE PROMOTED AS CIRCLE INSPECTOR WITH NO.T6/214735/2016 DATED 12.2016. EXHIBIT P1(A2) TRUE COPY OF LETTER WITH NO.T4/19440/2017/PHQ KERALA POLICE HEAD QUARTERS THIRUVANANTHAPURAM DATED 07.04.2014. EXHIBIT P1(A3) TRUE COPY OF THE ORDER PASSED BY THE HON'BLE TRIBUNAL IN O.A.NO.1144/2017 DATED 22.06.2017. EXHIBIT P1(A4) TRUE COPY OF THE CONFIDENTIAL NO.T4/39187/2016/PHQ TRIVANDRUM DATED 25.10.2017. EXHIBIT P1(A5) TRUE COPY OF THE ORDER NO.G1(A)31123/2017/TC DATED 26.04.2017 RECEIVED BY THE APPLICANT THROUGH RIGHT TO INFORMATION ACT. EXHIBIT P1(A6) TRUE COPY OF THE ORDER IN G.O. (RT)NO.552/2013 HOME DATED THIRUVANANTHAPURAM 04.03.2013. EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE 3RD RESPONDENT. EXHIBIT P2(R3(A)) TRUE COPY OF THE LETTER NO.A2/4739/17TR DATED 27.04.2017. EXHIBIT P2(R3(B)) TRUE COPY OF THE CIRCULAR NO.1479/ADV.C2/2014/P&ARD DATED 25.09.2014. EXHIBIT P3 TRUE COPY OF THE M.A.NO.979/2018 FILED BY THE RESPONDENT HEREIN. EXHIBIT P3(A7) TRUE COPY OF THE ORDER WITH NO.A4/01/2018/PHQ DATED 17.04.2018. EXHIBIT P4 PHOTOCOPY OF THE REJOINDER FILED BY THE RESPONDENT HEREIN.**
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**EXHIBIT P5**
**A PHOTOCOPY OF THE M.A FILED BY THE RESPONDENT HEREIN TO PRODUCE ANNEXURES A8 TO A13.**
**EXHIBIT P5(A8) TRUE COPY OF THE ORDER NO.H2/66635/2013 TC DATED 26.11.2015 BY COMMISSIONER OF POLICE, TVPM.**
**EXHIBIT P5(A9) TRUE COPY OF THE GO(P) ROUTINE NO.3478/2017 HOME THIRUVANANTHAPURAM DATED 29.12.2017.**
- **EXHIBIT P5(A10) TRUE COPY OF THE ORDER NO.A2/11419/16(A2/96/PR/16/(TR) DATED 15.02.2017.**
**EXHIBIT P5(A11) TRUE COPY OF THE ORDER IN OA NO.1370/2017 OF KERALA ADMINISTRATIVE TRIBUNAL, TVPM DATED 19.07.2017.**
**EXHIBIT P5(A12) TRUE COPY OF THE ENQUIRY REPORT AGAINST THE APPLICANT WITH PR OF 198 PUNISHMENT ROLE.**
- **EXHIBIT P5(A13) TRUE COPY OF THE ORDER OF THE HONOURABLE HIGH COURT IN CRL.M.C.NO.6050/2017 DATED 23.03.2018.**
**EXHIBIT P6 A PHOTOCOPY OF THE ORDER DATED 06.09.2018.**
- **RESPONDENT'S/S EXHIBITS:**
**EXHIBIT R1 A TRUE COPY OF JUDGMENT IN OP(KAT) NO.60 OF 2018 DATED 06.02.2018**
**[TRUE COPY]**
**OP(KAT).208 of 2019 & - 39 - connected cases.**
## **APPENDIX OF OP(KAT) 239/2019**
**PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE OA ALONG WITH EXHIBITS.**
**EXHIBIT P1 (A1) TRUE COPY OF THE ORDER NO.H1/10235/CR/2014 DATED 8.10.2014 ISSUED BY THE INSPECTOR GENERAL OF POLICE, CBCID TO THE APPLICANT.**
- **EXHIBIT P1 (A2) TRUE COPY OF THE CIRCULAR NO.1479/ADV.C2/2014/P AND ARD DATED 25.09.2014 ISSUED BY THE PERSONNEL AND ADMINISTRATIVE REFORMS (ADVICE -C) DEPARTMENT.**
- **EXHIBIT P1 (A3) TRUE COPY OF THE G.O.(MS) NO.146/2015/HOME DATED 17.7.2015 ISSUED BY THE 1ST RESPONDENT**
- **EXHIBIT P1 (A4) TRUE COPY OF THE G.O.(RT) NO.1873/2017/HOME DATED 21.7.2017 ISSUED BY THE 1ST RESPONDENT**
- **EXHIBIT P1 (A5) TRUE COPY OF THE NOTIFICATION NO.A2/617/2018/HOME DATED 18.1.2019 ISSUED BY THE 1ST RESPONDENT PUBLISHED IN THE GAZETTEE DATED 28.1.2019.**
- **EXHIBIT P1 (A6) A TRUE COPY OF THE REPRESENTATION DATED 1.2.2019 SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT THROUGH PROPER CHANNEL.**
- **EXHIBIT P1 (A7) A TRUE COPY OF THE NOTIFICATION NO.413/LEG.E1/2019/LAW DATED 8.1.2019 ISSUED BY THE LAW (LEGISLATION-E) DEPARTMENT ALONG WITH THE KERALA POLICE (AMENDMENT) ORDINANCE 2019.**
- **EXHIBIT P1 (A8) A TRUE COPY OF THE G.O.(RT) NO.368/2019/HOME DATED 2.2.2019 ISSUED BY THE 1ST RESPONDENT.**
**EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT FILED ON BEHALF OF THE RESPONDENTS 1 TO 4.**
**EXHIBIT P3 PHOTOCOPY OF THE ORDER DATED 22.03.2019 IN OA(EKM) NO. 258/2019. [TRUE COPY]**
**OP(KAT).208 of 2019 & - 40 - connected cases.**
## **APPENDIX OF OP(KAT) 243/2019**
**PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE OA ALONG WITH EXHIBITS.**
- **EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT.**
**EXHIBIT P3 PHOTOCOPY OF THE ORDER DATED 22.03.2019 IN O.A.NO.236/2019.**
**EXHIBIT P1(A1) TRUE COPY OF ADO 210/2018 DATED 24.04.2018 ISSUED BY THE DISTRICT POLICE OFFICE, ALAPPUZHA.**
- **EXHIBIT P1(A2) TRUE COPY OF THE GOVERNMENT NOTIFICATION NO.A2/617/2018/HOME DATED 18.01.2019 AND PUBLISHED IN THE EXTRAORDINARY GAZETTE DATED 28.01.2019.**
**EXHIBIT P1(A3) TRUE COPY OF THE G.O.(RT)NO.368/2019/HOME DATED 02.02.2019.**
- **EXHIBIT P1(A4) TRUE COPY OF THE MEMORANDUM NO.46162/SDE 65PD DATED 05.05.1965.**
- **EXHIBIT P1(A5) TRUE COPY OF THE GOVERNMENT CIRCULAR NO.1479/ADV/C2/2014/P&ARD DATED 25.09.2014 ISSUED BY PERSONNEL AND ADMINISTRATIVE REFORMS (ADVICE C) DEPARTMENT.**
**EXHIBIT P1(A6) TRUE COPY OF THE GO(MS) 146/2015/HOME DATED 17.07.2015.**
**[TRUE COPY]**
**OP(KAT).208 of 2019 & - 41 - connected cases.**
## **APPENDIX OF OP(KAT) 253/2019**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE OA ALONG WITH EXHIBITS. EXHIBIT P1(A1) TRUE COPY OF THE RELEVANT EXTRACT OF FINALIZED SENIORITY LIST IF INSPECTOR OF POLICE(GE) AS ON 01.01.2016.**
**EXHIBIT P1(A2) TRUE COPY OF THE CIRCULAR NO.1479/ADV.C2/2014/P & ARD DATED 25.09.2014 ISSUED BY THE PERSONNEL AND ADMINISTRATIVE REFORMS (ADVICE-C) DEPARTMENT. EXHIBIT P1(A3) TRUE COPY OF THE GO(MS)NO.146/2015/HOME DATED 17.07.2015 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P1(A4) TRUE COPY OF THE GO(RT)NO.1873/2017/HOME DATED 21.07.2017 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P1(A5) TRUE COPY OF THE NOTIFICATION NO.A2/617/2018/HOME DATED 18.01.2019 ISSUED BY THE 1ST RESPONDENT PUBLISHED IN THE GAZETTEE DATED 28.01.2019. EXHIBIT P1(A6) A TRUE COPY OF THE REPRESENTATION DATED 01.02.2019 SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT THROUGH PROPER CHANNEL. EXHIBIT P1(A7) A TRUE COPY OF THE NOTIFICATION NO.413/LEG.E1/2019/LAW DATED 08.01.2019 ISSUED BY THE LAW(LEGISLATION E) DEPARTMENT ALONG WITH THE KERALA POLICE (AMENDMENT) ORDINANCE 2019. EXHIBIT P1(A8) A TRUE COPY OF THE GO(RT)NO.368/2019/HOME DATED 02.02.2019 ISSUED BY THE 1ST RESPONDENT. EXHIBIT P1(A9) A TRUE COPY OF THE INTERIM ORDER IN OA(EKM)NO.258/2019 DATED 04.02.2019. EXHIBIT P2 PHOTOCOPY OF THE ORDER DATED 22.03.2019 IN OA(EKM) NO.314/2019. [TRUE COPY]**
**OP(KAT).208 of 2019 & - 42 - connected cases.**
## **APPENDIX OF OP(KAT) 267/2019**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE OA ALONG WITH EXHIBITS EXHIBIT P1 (A1) TRUE COPY OF THE RELEVANT EXTRACT OF FINALIZED SENIORITY LIST IF INSPECTOR OF POLICE (GE) AS ON 01.01.2016.**
- **EXHIBIT P1 (A2) TRUE COPY OF THE CIRCULAR NO.1479/ADV.C2/2014/P AND ARD DT.25.09.2014 ISSUED BY THE PERSONNEL AND ADMINISTRATIVE REFORMS (ADVICE-C) DEPARTMENT**
- **EXHIBIT P1 (A3) TRUE COPY OF THE G. O. (MS) NO.146/2015/HOME DATED 17.07.2015 ISSUED BY THE 1ST RESPONDENT**
- **EXHIBIT P1 (A4) TRUE COPY OF THE G. O. (RT) NO.1083/2018/HOME DATED 13.04.2018 ISSUED BY THE 1ST RESPONDENT**
- **EXHIBIT P1 (A5) TRUE COPY OF THE NOTIFICATION NO.A2/617/2018/HOME DATED 18.01.2019 ISSUED BY THE 1ST RESPONDENT PUBLISHED IN THE GAZETTE DATED 28.01.2019**
- **EXHIBIT P1 (A6) A TRUE COPY OF THE REPRESENTATION DATED 02.02.2019 SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT THROUGH PROPER CHANNEL.**
- **EXHIBIT P1 (A7) TRUE COPY OF THE NOTIFICATION NO.413/LEG.E1/2019/LAW DATED 08.01.2019 ISSUED BY THE LAW (LEGISLATION - E) DEPARTMENT ALONG WITH THE KERALA POLICE (AMENDMENT) ORDINANCE 2019**
- **EXHIBIT P1 (A8) A TRUE COPY OF THE G.O.(RT) NO.368/2019/HOME DATED 02.02.2019 ISSUED BY THE 1ST RESPONDENT.**
- **EXHIBIT P1 (A9) A TRUE COPY OF THE APPEAL DATED 31.01.2019 SUBMITTED BY THE APPLICANT TO THE 2ND RESPONDENT.**
- **EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT FILED BY THE 1ST RESPONDENT.**
- **EXHIBIT P3 PHOTOCOPY OF THE ORDER DATED 22.03.2019 IN OA(EKM) NO.259/2019. [TRUE COPY]**
**- 43 -**
**OP(KAT).208 of 2019 & connected cases.**
## **APPENDIX OF OP(KAT) 297/2019**
**PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE OA (E) NO. 252/2019 ALONG WITH ITS ANNEXURES.**
**EXHIBIT P1 (A1) TRUE COPY OF G.O. RT NO. 724/2016/HOME DATED 29.2.2016 ISSUED BY THE 1ST RESPONDENT.**
**EXHIBIT P1 (A2) TRUE COPY OF THE GOVERNMENT NOTIFICATION . NO. A2/617/2018/HOME DATED 18.1.2019 AND PUBLISHED IN THE EXTRA ORDINARY GAZETTA DATED 28.1.2019.**
**EXHIBIT P1 (A3) TRUE COPY OF THE ORDER NO. E2143769/218/PHQ DATED 7.1.2019 ISSUED BY THE 2ND RESPONDENT.**
**EXHIBIT P1 (A4) TRUE COPY OF THE FIR IN CRIME NO. VC 01/18/SCE DATED 21.2.2018.**
- **EXHIBIT P1 (A5) TRUE COPY OF THE REVIEW PETITION DATED 30.1.2019 SUBMITTED BEFORE THE 3RD RESPONDENT.**
- **EXHIBIT P1 (A6) TRUE COPY OF THE GO (RT) NO. 368/2019/HOME DATED 2.2.2019 ISSUED BY THE 1ST RESPONDENT.**
- **EXHIBIT P2 PHOTOCOPY OF THE REPLY STATEMENT.**
- **EXHIBIT P3 A PHOTOCOPY OF THE REJOINDER STATEMENT.**
- **EXHIBIT P3 (A7) TRUE COPY OF MINUTES OF THE AD HOC DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) HELD ON 29.11.2018 FOR PREPARATION OF SELECT LIST OF INSPECTORS OF POLICE FIT FOR PROMOTION AS DEPUTY SUPERINTENDENTS FOR THE YEAR 2015.**
- **EXHIBIT P3 (A8) TRUE COPY OF MINUTES OF THE AD HOC DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) HELD ON 6.12.2018 FOR PREPARATION OF SELECT LIST OF INSPECTORS OF POLICE FIT FOR PROMOTION AS DEPUTY SUPERINTENDENTS FOR THE YEAR 2016.**
**OP(KAT).208 of 2019 & - 44 - connected cases.**
**EXHIBIT P3 (A9) TRUE COPY OF MINUTES OF THE AD HOC DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) HELD ON 6.12.2018 FOR PREPARATION OF SELECT LIST OF INSPECTORS OF POLICE FIT FOR PROMOTION AS DEPUTY SUPERINTENDENTS FOR THE YEAR 2017. EXHIBIT P3 (A10) TRUE COPY OF MINUTES OF THE AD HOC DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) HELD ON 6.12.2018 FOR PREPARATION OF SELECT LIST OF INSPECTORS OF POLICE FIT FOR PROMOTION AS DEPUTY SUPTRUE COPY OF MINUTES OF THE AD HOC DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) HELD ON 6.12.2018 FOR PREPARATION OF SELECT LIST OF INSPECTORS OF POLICE FIT FOR PROMOTION AS DEPUTY SUPERINTENDENTS FOR THE VACANCIES OF 2018. EXHIBITP3 (A11) TRUE COPY OF ORDER NO G3/46552/13 DATED 14.2.2014 OF THE STATE POLICE CHIEF. EXHIBIT P3 (A12) TRUE COPY OF CIRCULAR NO. 1479/ADV.C2/2011/P &ARD DATED 25.9.2014. EXHIBIT P4 PHOTOCOPY OF THE ORDER DATED 22.3.2019 IN OA NO. 236/2019 [TRUE COPY]**
**OP(KAT).208 of 2019 & - 45 - connected cases.**
## **APPENDIX OF OP(KAT) 311/2019**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT P1 TRUE COPY OF THE OA NO.1840/2018 ALONG WITH EXHIBITS. EXHIBIT P1(A1) TRUE COY OF THE G.O(RT)NO.2580/2018/HOME DATED 7.9.2018. EXHIBIT P1(A2) TRUE COPY OF THE ORDER IN OA 227/2017 DATED 3.2.2017 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXHIBIT P1(A3) TRUE COPY OF THE G.O(RT)NO.2150/2017/HOM EDATED 9.8.2017. EXHIBIT P1(A4) TRUE COPY OF THE G.O.(RT)NO.153/201/HOME DATED 13.1.2014. EXHIBIT P1(A5) TRUE COPY OF THE G.O(RT)NO.1926/2015/HOME DATED 29.7.2015. EXHIBIT P1(A6) TRUE COPYOF CHARGE MEMO AND STATEMENT OF ALLEGATION (DATED NIL). EXHIBIT P1(A7) TRUE COPY OF THE DEFENSE STATEMENT ON 29.11.2016 TO THE COMMANDANT, KAP 5 BATTALION. EXHIBIT P1(A7) TRUE COPY OF THE DEFENSE STATEMENT ON 29.11.2016 TO THE COMMANDANT, KAP 5 BATTALION. EXHIBIT P1(A8) TRUE COPY OF THE COMMUNICATION ISSUED BY THE COMMANDANT, KAP 5 BATTALION TO THE 2ND RESPONDENT DATED 23.12.2016. EXHIBIT P1(A9) TRUE COPY OF THE INTERIM ORDER IN OA NO.22/2017 DATED 12.4.2017 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXHIBIT P1(A10) TRUE COPY OF G.O.(RT) NO.1090/2017/HOME DATED 28.4.2017. EXHIBIT P1(A11) THE TRUE COPY OF THE CHARGE MEMO AND STATEMENT OF ALLEGATIONS DATED 27.7.2017 ISSUED BY THE SUPERINTENDENT OF POLICE, CRIME BRANCH CID HHW-II, ERNAKULAM.**
**- 46 -**
**OP(KAT).208 of 2019 & connected cases.**
**EXHIBIT P1(A12) THE TRUE COPY OF THE DEFENSE STATEMENT DATED 3.8.2017 TO THE SUPERINTENDENT OF POLICE, CRIME BRANCH CID HHW-II, ERNAKULAM. EXHIBIT P1(A13) THE TRUE COPY OF FINAL DETAILED DEFENSE STATEMENT WAS SUBMITTED BY THE APPLICANT ON 5.10.2017 TO THE SUPERINTENDENT OF POLICE CRIME BRANCH CID HHW-II, ERNAKULAM.**
**EXHIBIT P1(A14) THE TRUE COPY OF PUNISHMENT ROLL MINUTES DATED 30.10.2017.**
- **EXHIBIT P1(A15) THE TRUE COPY OF THE REPRESENTATION DATED 9.1.2018 SUBMITTED BEFORE THE IST RESPONDENT.**
- **EXHIBIT P1(A16) THE TRUE COPY OF COMPLAINT DATED 2.7.2016 SUBMITTED TO THE HON'BLE CHIEF MINISTER OF KERALA.**
- **EXHIBIT P1(A16 (a)) THE TRUE COPY OF COMPLAINT DATED 28.7.2016 TO THE PWD MINISTER BY K.JAYAKRISHNAN.**
- **EXHIBIT P1(A17) THE TRUE COPY OF THE ORDER IN OA 778/2017 DATED 1.11.2017 ISSUED BY THE HONOURABLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.**
- **EXHIBIT P1(A18) THE TRUE COPY OF ORDER IN OA NO.1833/2017 DATED 6.4.2018 ISSUED BY THE HON'BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM.**
- **EXHIBIT P1(A19) THE TRUE COPY OF THE SHOW CAUSE NOTICE BEARING NO.2031337/H1/2017/HOME 92) DATED 14.3.2018 ISSUED BY THE ADDITIONAL SECRETARY.**
- **EXHIBIT P1(A20) THE TRUE COPY OF THE REPLY DATED 30.4.2018 TO THE ADDITIONAL SECRETARY, HOME (H) DEPARTMENT.**
- **EXHIBIT P1(A21) THE TRUE COPY OF HEARING NOTE SUBMITTED BY THE APPLICANT TO THE DEPUTY SECRETARY, HOME (H) DEPARTMENT.**
- **EXHIBIT P1(A22) THE TRUE COPY OF THE JUDGMENT IN OP(KAT) NO.300/2018 DATED 7.8.2018 ISSUE DBY THE HON'BLE HIGH COURT, ERNAKULAM.**
- **EXHIBIT P1(A23) THE TRUE COPY OF THE PETITION TO DROP FURTHER PROCEEDINGS FILED BY THE IST RESPONDENT IN CP(C) 126/2018 DATED 21.8.2018.**
- **EXHIBIT P1(A24) THE TRUE COPY OF ORDER IN O.A.NO.22/2018 DATED 12.6.2018 ISSUED BY THE HON'BLE KERALA**
**- 47 -**
**OP(KAT).208 of 2019 & connected cases.**
**ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. EXHIBIT P2 PHOTOCOPY OF THE MA NO.2437/2018 ALONG WITH EXHIBITS. EXHIBIT P3 PHOTOCOPY OF THE ORDER DATED 22.11.2018 IN MA (EKM) NO.2437/2018 IN OA(EKM) NO.262/2019. EXHIBIT P4 TRUE COPY OF THE MA(EKM) NO.275/2019 ALONG WITH ITS EXHIBITS. EXHIBIT P4(A1) THE TRUE COPY OF THE POSTAL RECEIPT DATED 26.11.2018. EXHIBIT P4(A2) THE TRUE COPY OF THE ACKNOWLEDGMENT CARD DATED 28.11.2018. EXHIBIT P4(A3) THE TRUE COPY OF NOTIFICATION NO.A2/617/2018/HOME DATED 18.1.2019 PUBLISHED IN KERALA GAZETTE DATED 28.1.2019. EXHIBIT P5 TRUE COPY OF THE ORDER DATED 31.1.2019 IN MA (EKM) NO.275/2019 IN OA 1840/2018. EXHIBIT P6 TRUE COPY OF THE M.A.NO.314/2019. EXHIBIT P7 TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE APPLICANT IN M.A.NO.314/2019 ALONG WITH ITS EXHIBITS. EXHIBIT P7(A1) TRUE COPY OF THE ORDINANCE BEARING NO.413/LEG.E1/2019/LAW DATED 8.1.2019 PUBLISHED IN THE GAZETTE DATED 8.1.2019. EXHIBIT P7(A2) TRUE COPY OF THE PUBLIC SERVICE DEPARTMENT NO.46162/SD4 65PD DATED 5.5.1965. EXHIBIT P7(A3) THE TRUE COPY OF THE CIRCULAR NO.1479/ADV/C2/2014/P&ARD DATED 25.9.2019 ISSUED BY PERSONAL AND ADMINISTRATIVE REFORMS (ADVICE C ) DEPARTMENT. EXHIBIT P7(A4) THE TRUE COPY OF THE GO(MS)146/2015 HOME DATED 17.7.2015. EXHIBIT P7(A5) THE TRUE COPY OF THE GO(RT)NO.202/2019/HOME DATED 19.1.2019. EXHIBIT P8 TRUE COPY OF THE REPLY STATEMENT FILED SON BEHALF OF THE IST RESPONDENT. EXHIBIT P9 TRUE COPY OF THE REJOINDER DATED 7.3.2019 ALONG WITH ITS EXHIBHITS.**
**- 48 -**
**OP(KAT).208 of 2019 & connected cases.**
|**EXHIBIT P9(A1)**|**THE TRUE COPY OF THE COMMUNICATION BEARING**|
|---|---|
||**NO.A9-8295/2017/PHQ DATED 17.1.2017 ISSUED BY**|
||**THE 2ND RESPONDENT TO THE IST RESPONDENT.**|
|**EXHIBIT P9(A2)**|**THE TRUE COPY OF THE MINUTES OF THE DPC HELD**|
||**ON 17.1.2017 FOR THE PREPARATION OF THE**|
||**SELECT LIST OF DEPUTY SUPERINTENDENTS OF**|
||**POLICE FIT FOR PROMOTION TO THE CADRE OF**|
||**SUPERINTENDENTS OF POLICE (NON IPS) FOR THE**|
||**YEAR 2017 FOR THE VACANCIES OF 2017.**|
|**EXHIBIT P9(A3)**|**THE TRUE COPY OF THE SELECT LIST OF DYSPS FIT**|
||**FOR PROMOTION AS SPS PUBLISHED IN KERALA**|
||**GAZETTE DATED 22.2.2017.**|
|**EXHIBIT P9(A4)**|**THE TRUE COPY OF THE COMMON ORDER IN OA**|
||**NO.1850/2017 AND OA NO.2234/2018 DATED**|
||**6.9.2018 ISSUED BY THE HON'BLE KERALA**|
||**ADMINISTRATIVE TRIBUNAL AT**|
||**THIRUVANANTHAPRUAM.**|
|**EXHIBIT P9(A5)**|**THE TRUE COPY OF THE REVISION PETITION OF THE**|
||**SELECT LIST ON 12.2.2019.**|
|**EXHIBIT P10**|**TRUE COPY OF THE ORDER DATED 12.4.2019 IN**|
||**O.A.NO.1840/2018.**|
|**EXHIBIT P11**|**TRUE COPY OF THE G.O.(RT)374/2019/HOME DATED**|
||**4.2.2019.**|
||**[TRUE COPY]**|
**OP(KAT).208 of 2019 & - 49 - connected cases.**
## **APPENDIX OF OP(KAT) 324/2019**
## **PETITIONER'S/S EXHIBITS:**
**EXHIBIT- P1 TRUE COPY OF THE OA NO.235/2019 ALONG WITH ITS ANNEXURES**
- **EXHIBIT-P1 (A1) TRUE COPY OF THE RELEVANT PAGE OF GO (RT) NO.724/2016/HOME DATED 29.02.2016**
- **EXHIBIT-P1 (A2) TRUE COPY OF THE G.O(RT) NO.368/2019/HOME DATED 02.02.2019**
- **EXHIBIT-P1 (A3) TRUE COPY OF THE DGO NO.134/2019 DATED 02.02.2019 ISSUED BY THE 2ND PETITIONER**
- **EXHIBIT-P1 (A4) TRUE COPY OF THE GAZETTE NOTIFICATION BEARING A2/617/2018/HOME DATED 18.01.2019**
- **EXHIBIT-P1 (A5) TRUE COPY OF THE ORDER BEARING NO.A2(A) 17/PR/2014 KOR DATED 29.05.2015 ISSUED BY THE DEPUTY INSPECTOR GENERAL OF POLICE, KOCHI RANGE**
- **EXHIBIT-P1 (A6) TRUE COPY OF THE MINUTES OF THE ADHOC DPC HELD ON 6.12.2018 BEARING FILE NO.HOME-A2/617/2018HOME DATED 06.12.2018 FOR THE YEAR 2016.**
- **EXHIBIT-P1 (A7) TRUE COPY OF THE MINUTES OF THE ADHOC DPC HELD ON 6.12.2018 BEARING FILE NO.HOME-A2/617/2018HOME DATED 06.12.2018 OF THE YEAR 2017**
- **EXHIBIT-P1 (A8) ADHOC DPC HELD ON 6.12.2018 BEARING FILE NO.HOME-A2/617/2018-HOME DATED 06.12.2018 FOR THE YEAR 2018**
- **EXHIBIT-P1 (A9) TRUE COPY OF THE CIRCULAR ISSUED BY THE 2ND PETITIONER BEARING NO.104/68 DATED 13.06.1968.**
- **EXHIBIT-P1 (A10) TRUE COPY OF THE GAZETTE NOTIFICATION BEARING NO.413/LEG/E1/2019/LAW DATED 08.01.2019.**
- **EXHIBIT-P2 PHOTOCOPY OF THE REPLY STATEMENT EXHIBIT-P3 PHOTOCOPY OF THE ORDER DATED 22.03.2019 IN OA(EKM) NO.235/2019 [TRUE COPY]**