Departmental penalties cannot be imposed on police officers exonerated in criminal trials based on the same facts as per Section 101(8)(1) of the Kerala Police Act.

JUDGMENT

ALEXANDER THOMAS, J.

The prayer in the afore captioned Original Petition filed by the petitioners herein in this O.P (State of Kerala & three others)/ respondents 1 to 4 in the O.A is as follows (See page No.11 of the paper book of this O.P):

“…….to set aside Ext.P4 order dated 07-01-2020 in O.A No.230/2018 on the file of the Hon’ble Kerala Administrative Tribunal, Thiruvananthapuram Bench by allowing this Original Petition (KAT).”

2. Heard Sri.Antony Mukkath, learned Senior Government Pleader appearing for the petitioners herein. In the nature of the orders proposed to be passed by this Court in this petition, notice to the respondents in the O.P/sole original applicant in the O.A and R5 in the O.A before the Tribunal will stand dispensed with.

3. The prayers in Ext.P1 original application, O.A No.230/2018 filed by R1 herein/applicant before KAT, Thiruvananthapuram Bench are as follows (See page No.26 of this paper book):

“(i) To call for the records leading to Anx.A3, Anx.A6, Anx.A8 & Anx.A11 and to set aside the same. (ii)

To issue such other orders or directions as this Hon’ble Tribunal may deem fit and proper in the circumstances of the case.”

4. The Tribunal after hearing both sides has rendered the impugned Ext.P4 order dated 07-01-2020 in O.A No.230/2018, whereby it has been held that the applicant was entitled to succeed and that the impugned Anx.A3 punishment roll minutes, Anx.A6 penalty order, Anx.A8 appellate order and Anx.A11 review order have been set aside and the respondents in the O.A had been directed to issue consequential orders within three months in the light of the abovesaid orders, etc. It is this final order at Ext.P4 rendered by the Tribunal that is under challenge in this original petition.

5. At the time when the applicant had filed Ext.P1 O.A before the Tribunal, he was serving as Grade Sub Inspector in the Kerala Police Department. It is common ground that during the pendency of the O.A, he had retired from service while holding the said post. He had earlier entered service as a Police Constable in the Special Armed Police (SAP), Thiruvananthapuram on 05-11-1990 and he was transferred to the District Armed Reserve and further to the Local Wing of the Police and later promoted as Head Constable some time in the year 2014. It was while working as a Police Constable at Thiruvananthapuram, Nemom Police Station, that the applicant and two of his colleagues were arrayed as accused in FIR in crime

No.468/2004 of Thiruvananthaparam Nemom Police Station for offences punishable under Secs.379, 120 and 34 of IPC read with

Sec.8(i)(ii) of Abkari Act. The applicant was arrayed as accused No.4 therein. The allegations of the abovesaid crime were to the effect that, the spirit, which is allegedly the subject matter of the theft and seized and kept in the Nemom police station was stolen with the connivance of the police personnel of that police station and that the applicant and others are alleged to have connivance to the main accused for taking away the illicit liquor from the police station premises for an amount of Rs.6,000/-. The applicant and the other co-accused police personnel were placed under suspension from service on 22-12-2004 and later the disciplinary enquiry was ordered in terms of the provisions contained in the Kerala Police Departmental Inquires, Punishment and Appeal Rules, 1958. The applicant was later reinstated in service as per order dated 08-08-

2005. An officer of the rank of Inspector of Police was appointed as the Enquiry Officer in the said disciplinary enquiry proceedings and the applicant & the other delinquent police personnel were issued with the impugned Anx.A1 memo of charges dated 21-06-2005. The enquiry officer had completed the enquiry and had submitted Anx.A3

Punishment Roll (PR) minu