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K.B.Balachandran vs State Of Kerala

High Court Of Kerala|28 November, 2014
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JUDGMENT / ORDER

Petitioner is a Superintendent of Police (IPS) working in the Kerala State Women Cell, Police Training College Campus, Thiruvananthapuram. He submitted Ext.P1 before the Chief Secretary through proper channel. The grievance of the petitioner in Ext.P1 is regarding anomalies and irregularities in the IPS selection and non-consideration of seniority due to delayed DPC meeting. Petitioner's grievance is that these anomalies and irregularities are rectified and the prestige of the Kerala Police Service will be restored. 2. Ext.P1 was considered by the Chief Secretary, by Ext.P3. It is pointed out in Ext.P3 that the appointment from the State Police Service to the Indian Police Service is solely governed by the Indian Police Service (Appointment by Promotion)Regulations, 1955.
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W.P.(C). No. 13882 of 2014 and the Government acted according to existing regulations regarding appointment by promotion of SPS officers to IPS and there are no irregularities from the part of the State Government on inclusion of the petitioner in the zone of consideration for the eligible year 01.01.2008.
3. In fact, petitioner's case is not regarding the action taken by the State, on the other hand, anomalies and irregularities in taking action by the Government. Those anomalies have been elaborately set out in Ext.P1. Essentially, petitioner's grievance is against the procedure and factors resulted in delay and irregularity in the action for promoting a Police Personnel to the Cadre of IPS. That being so, I am of the view, an opportunity of hearing ought to have been given to the petitioner to highlight his grievance before taking a decision. It is obvious the petitioner was not heard and the Chief Secretary could not consider Ext.P1 in its true purport.
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W.P.(C). No. 13882 of 2014 Considering all the aspects, the Chief Secretary shall reconsider Ext.P1, after hearing the petitioner, within a period of three months from the date of receipt of a copy of this judgment. In view of the above, Ext.P2 is set aside.
Sd/-
A. MUHAMED MUSTAQUE JUDGE das
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Title

K.B.Balachandran vs State Of Kerala

Court

High Court Of Kerala

JudgmentDate
28 November, 2014
Judges
  • A Muhamed Mustaque
Advocates
  • A Jayasankar Sri
  • Sri Manu Govind