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2024 Supreme(Online)(Ker) 74146

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. Muhamed Mustaque, S.MANU, JJ
ADDITIONAL CHIEF SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM – Appellant
Versus
KISHORE KUMAR J – Respondent


Advocates:
For the Appellants/Petitioners: GOVERNMENT PLEADER SHRI ANTONY MUKKATH
For the Respondents: SAIJO HASSAN, DEVI.R.SENS, SARITHA K., ABRAHAM J. KANIYAMPADY, SANGEETH MOHAN, PHILLIP VARGHESE, THOMAS V.P., REJITHA, NITIN S., DHEERAJ BABY, MEERA J. MENON, BENOJ C AUGUSTIN, RAFEEK. V.K., U.M.HASSAN, M.NOOHUKUNJU SAHIB, ASWIN K.R.

Table of Content
1. delay in charges negatively impacts the fairness of proceedings and can lead to quashing. (Para 6)

JUDGMENT

“C.R.”

Dated this the 18th day of June, 2024

A.Muhamed Mustaque (J)

INTRODUCTION:

These matters are related to disciplinary action proposed against Shri Kishore Kumar., the applicant before the Tribunal. Kishore Kumar’s name was included in the select list of officers for conferment to the Indian Police Service (IPS) against 22 vacancies in the Kerala Cadre for the years 2019 and 2020. His name was included in the select list subject to clearance of disciplinary proceedings. In the third round of litigation before the Tribunal, the Tribunal categorically found that there was absolutely no bona fides to initiate proceedings against Kishore Kumar. However, directed the Government to take a fresh decision in the light of the earlier direction of the Tribunal. The State as well as Kishore Kumar are before us challenging the order of the Tribunal.

BRIEF FACTS OF THE CASE:

2. Kishore Kumar investigated a crime registered by Perumpadappu Police on 15/2/2001. Kishore Kumar took charge as an investigating officer during 2008-2010. He investigated the case on the assumption

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