SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
Listen Audio Icon Pause Audio Icon
judgment-img

2026 Supreme(Ker) 769

IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K. NARENDRAN, MURALEE KRISHNA S., JJ.
Sebastian B. S/o Brunose J. – Appellant
Versus
State of Kerala – Respondent
OP (KAT) No. 154 of 2026
Decided On : 05-06-2026

Advocates Appeared:
For the Appellants : C.R. Suresh Kumar, Amrutha Suresh, Abhishek S. Kumar, S.R. Govind, Jijesh J.S.
For the Respondent: P.S. Appu

The High Court's supervisory jurisdiction under Article 227 of the Constitution is limited to correcting patent perversity or manifest errors and cannot be exercised as an appellate authority to re-evaluate departmental findings, especially where police disciplinary actions for misconduct are independent of criminal outcomes.

Headnote:The petitioner challenged his removal from police service, which followed disciplinary proceedings initiated due to multiple criminal cases, despite the subsequent quashing of one specific case. Statutory provisions invoked included Art. 227 of the Constitution of India regarding supervisory jurisdiction. The Court found that departmental proceedings are independent of criminal proceedings and that an acquittal based on settlement does not automatically invalidate disciplinary findings of misconduct. The main issue was whether the Tribunal exercised its jurisdiction correctly and if the removal from service was perversely ordered. The Court held that supervisory jurisdiction under Art. 227 is limited to rectifying manifest errors or perversity, emphasizing that a criminal court's quashing of an FIR based on settlement carries no merit in departmental inquiries regarding professional discipline and character. The original petition stands dismissed.

Table of Content
1. procedural history and facts leading to removal from police service. (Para 1 , 2 , 3)
2. summary of rival arguments regarding criminal conduct and disciplinary proceedings. (Para 4 , 5 , 6)
3. scope of high court's supervisory jurisdiction under article 227 of the constitution. (Para 7 , 8 , 9 , 10 , 11 , 12)
4. application of legal principles to the specific case, holding that quashing of criminal charges does not invalidate departmental disciplinary findings. (Para 13 , 14 , 15)

JUDGMENT :

MURALEE KRISHNA S., J.

1. The petitioner, who is the applicant in O.A.No.705 of 2025 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (‘the Tribunal’ for short), filed this original petition, invoking the supervisory jurisdiction of this Court under Article 227 of the Constitution of India, challenging Ext.P2 order dated 20.02.2026 passed by the Tribunal in that original application.

2. The petitioner was appointed as a Driver Civil Police Officer by the 4th respondent Commandant, Kerala Armed Force Battalion-III, Pathanamthitta, pursuant to a recruitment process undertaken by the Kerala Public Service Commission. He joined for training on 19.11.2019, and on successful completion of the same, he was posted at Kerala Armed Police Battalion-III. After one year, he was transferred to the District Police Headquarters at Kollam City, and his probation was also declared on completion of two years of service. While he was in service, the Inspector SHO, Kundara Police Station, forwarded Annexure A3 report dated 20.12.2022 to the Deputy Superintendent of Police, District Special Branch, Kollam Rural, regarding the past and present criminal cases in which the petitioner was involved. In that report, it was stated that the petitioner was involved in six criminal cases before joining service, and he is involved in Crime No.1836 of 2022 of Kundara Police Station, registered under Sections 143, 147, 148, 294(b), 323, 324, r/w 149 of IPC as the 2nd accused.

2.1 Based on that report, the 3rd respondent Assistant Inspector General of Police, suspended the petitioner from service, vide Annexure A4 order dated 20.01.2023, and the Inspector of Police, Sasthamcotta, was directed to conduct an enquiry and to file a charge memo in the matter within fifteen days. Pursuant to that direction, the Inspector of Police, Sasthamcotta, has drawn Annexure A5 charge memo dated 24.02.2023, wherein it is stated that the petitioner is involved in a series of criminal cases before joining service and after joining service, he is involved in Crime No.1836 of 2022 of Kundara Police Station. To that charge memo, the petitioner filed Annexure A6 reply dated 26.03.2023, stating that he was wrongly implicated in Crime No.1836 of 2022. Subsequently, the domestic enquiry was completed by the Inspector SHO of Sasthamcotta, and he submitted Annexure A7 PR Minutes along with the forwarding letter dated 04.06.2023 to the 3rd respondent.

2.2 The 2nd respondent, Kerala State Police Chief, by Annexure A8 letter dated 16.06.2023, served a copy of PR Minutes to the petitioner and directed him to submit his reply, if any, within fifteen days. Thereafter, the petitioner was issued with Annexure A10 show cause notice by the 3rd respondent on 06.01.2024, stating that the petitioner failed to keep up the standard expected from a police constable and violated discipline and decorum of the police force by repeatedly being involved in criminal offences, which is revealed beyond doubt in the departmental enquiry. On finding that the petitioner is undisciplined as well as of poor character, which is not acceptable to a member of a disciplined department like the police force and therefore incompetent to continue in service, it was decided to remove him from service, and he was asked to reply within fifteen days to Annexure A10 notice. The petitioner, though, gave Annexure A12 reply to Annexure A10 show cause notice, stating that he was not involved in the criminal case, a

Click Here to Read the rest of this document
1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon Back to top