2025:KER:29107 O.P. (KAT) No.372 of 2023 1 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR FRIDAY, THE 4TH DAY OF APRIL 2025 / 14TH CHAITHRA, 1947 OP(KAT) NO. 372 OF 2023 AGAINST THE ORDER DATED 04.04.2023 IN OA NO.1029 OF 2020 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM PETITIONER/APPLICANT IN OA: SAJU.R, S/O.RAJAYYAN, AGED 42 YEARS RESIDING AT ZION SADANAM, PULINKUDI, MULLOOR.P.O, THIRUVANANTHAPURAM (WAS WORKING AS CIVIL POLICE OFFICER, PORT DETACHMENT UNIT, VIZHINJAM, VIZHINJAM.P.O, THIRUVANANTHAPURAM), KERALA, PIN – 695 521 BY ADVS. BENNY GERVACIS (SR.) BEA MARY BENNY ABI BENNY AREECKAL RESPONDENTS/RESPONDENTS IN OA: 1 STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GROUND FLOOR, MAIN BLOCK, SECRETARIAT, THIRUVANANTHAPURAM, KERALA, PIN – 695 001 2 DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, VAZHUTHACAUD, THIURUVANANTHAPURAM KERALA, PIN – 2025:KER:29107 O.P. (KAT) No.372 of 2023 2 695 014 3 INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM RANGE, NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM KERALA, PIN – 695 034 4 DISTRICT POLICE CHIEF, THIRUVANANTHAPURAM CITY, CITY POLICE OFFICE, THYCAUD,THIRUVANANTHAPURAM - KERALA, PIN – 695 014 SUNILKUMAR KURIAKOSE GP THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING BEEN FINALLY HEARD ON 04.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:29107 O.P. (KAT) No.372 of 2023 3 J U D G M E N T A. Muhamed Mustaque, J. In the light of the subsequent order passed by the Government on 01.02.2025, nothing further survives in this matter. The learned Government Pleader submitted that the petitioner has also been permitted to join as per the order dated 30.03.2025. Recording the said submission, the original petition is disposed of. Sd/- A.MUHAMED MUSTAQUE JUDGE Sd/- P. KRISHNA KUMAR JUDGE PR 2025:KER:29107 O.P. (KAT) No.372 of 2023 4 APPENDIX OF OP(KAT) 372/2023 PETITIONER ANNEXURES Annexure A1 TRUE COPY OF ORDER NO.A1-14253/2017/TC DATED 31-05-2017 ISSUED BY THE POLICE DEPARTMENT. Annexure A2 TRUE COPY OF ORDER VIDE NO.146/6L/2018/10P VZM DATED 30-01-2018 ISSUED BY THE THEN STATION HOUSE OFFICER OF VIZHINJAM POLICE STATION. Annexure A3 TRUE COPY OF REQUEST SUBMITTED BY THE APPLICANT TO THE STATION HOUSE OFFICER OF VIZHINJAM POLICE ALONG WITH THE RECEIPT SHOWING ITS ACCEPTANCE. Annexure A4 TRUE COPY OF REPORT SUBMITTED BY THE THEN STATION HOUSE OFFICER OF VIZHINJAM POLICE STATION TO THE DISTRICT POLICE CHIEF VIDE NO.172/GL/2018-IOP VZM DATED 2-2-2018. Annexure A5 TRUE COPY OF TRANSFER ORDER ISSUED TO THE APPLICANT VIDE NO.A6-2632/2018/TC DATED 07-02-2018/TC DATED 07-02- 2018 CO.NO.164/2018 TC. Annexure A6 TRUE COPY OF RELEVANT PAGE OF GD OF PORT DETACHMENT UNIT VIZHINJAM DATED 05-02-2018 WHICH HAS BEEN OBTAINED TO THE APPLICANT AS PER RIGHT TO INFORMATION ACT. Annexure A7 TRUE COPY OF SHOWCAUSE NOTICE NO.216/GL/2018 IOP VZM ISSUED TO THE APPLICANT BY THE STATION HOUSE OFFICER VIZHINJAM. Annexure A8 TRUE COPY OF REPLY DATED 15-02-2018 SUBMITTED BY THE APPLICANT TO THE STATION HOUSE OFFICER OF VIZHINJAM POLICE STATION ALONG WITH THE RECEIPT 2025:KER:29107 O.P. (KAT) No.372 of 2023 5 SHOWINGS ITS ACCEPTANCE. Annexure A9 TRUE COPY OF SHOW CAUSE NOTICE NO.216/GL/2018 IOP VZM ISSUED TO THE APPLICANT BY THE STATION HOUSE OFFICER OF VIZHINJAM. Annexure A10 TRUE COPY OF REPLY DATED 15-03-2018 SUBMITTED BY APPLICANT TO THE STATION HOUSE OFFICER OF VIZHINJAM POLICE STATION ALONG WITH THE RECEIPT SHOWING ITS ACCEPTANCE. Annexure A11 TRUE COPY OF REPORT SUBMITTED BY THE STATION HOUSE OFFICER TO THE DISTRICT POLICE CHIEF OBTAINED TO THE APPLICANT UNDER RIGHT TO INFORMATION ACT VIDE NO.544/GL/2018-IOP-VZM DATED 09-03- 2018. Annexure A12 TRUE COPY OF ORDER VIDE NO.H2- 18481/2018/TC DATED 24-03-2018 WHEREBY THE APPLICANT WAS DECLARED AS DESERTER. Annexure A13 TRUE COPY OF CHARGE MEMO VIDE NO.892/PR/2018 NPS DATED 20-07-2018 ISSUED TO THE APPLICANT. Annexure A14 TRUE COPY OF ENQUIRY REPORT SUBMITTED BY THE ENQUIRY OFFICER TO THE DISTRICT POLICE CHIEF. Annexure A15 TRUE COPY OF ORDER VIDE NO.H2/18481/18 TC DATED 18-02-2019 ISSUED BY THE DISTRICT POLICE CHIEF WHEREBY THE APPLICANT WAS REMOVED FROM SERVICE BY DECLARING AS DESERTER. Annexure A16 TRUE COPY OF APPEAL DATED 01-05-2019 SUBMITTED BY THE APPLICANT TO INSPECTOR GENERAL OF POLICE THIRUVANANTHAPURAM RANGE. Annexure A17 TRUE COPY OF ORDER IN APPEAL VIDE 2025:KER:29107 O.P. (KAT) No.372 of 2023 6 NO.H3-34626/ 2019/TC DATED 28-10-2019 ISSUED BY THE DISTRICT POLICE CHIEF. Annexure A18 TRUE COPY OF RELEVANT PAGE OF GD ENTRY OF PORT DETACHMENT UNIT VIZHINJAM OBTAINED TO THE APPLICANT UNDER RIGHT TO INFORMATION ACT. Annexure A19 TRUE COPY OF RELEVANT PAGE OF GD ENTRY OF PORT DETACHMENT UNIT VIZHINJAM OBTAINED TO THE APPLICANT UNDER ‘ RIGHT TO INFORMATION ACT. Annexure A20 TRUE COPY OF DEPOSITION OF PW1 DURING ENQUIRY OBTAINED TO THE APPLICANT UNDER RIGHT TO INFORMATION ACT DATED 29-05- 2018. Annexure A21 TRUE COPY OF DEPOSITION OF PW2 DURING ENQUIRY OBTAINED TO THE APPLICANT UNDER RIGHT TO INFORMATION ACT. Annexure A22 TRUE COPY OF DEPOSITION OF PW3 DURING ENQUIRY OBTAINED TO THE APPLICANT UNDER RIGHT TO INFORMATION ACT. Annexure A23 TRUE COPY OF DEPOSITION OF PW4 DURING ENQUIRY OBTAINED TO THE APPLICANT UNDER RIGHT TO INFORMATION ACT. Annexure A24 TYPED COPY OF RELEVANT PAGE OF GD OF PORT DETACHMENT UNIT, VIZHINJAM DATED 05-02-2018, WHICH IS MARKED AS ANNEXURE A6 IN O.A. Annexure A25 TYPED COPY OF RELEVANT PAGE OF GD OF PORT DETACHMENT UNIT, VIZHINJAM DATED 05-02-2018, WHICH IS MARKED AS ANNEXURE A18 IN O.A. Annexure A26 TRUE COPY OF REQUEST DATED 20-04-2018 SENT BY THE APPLICANT TO THE 4TH RESPONDENT ALONG WITH POSTAL RECEIPT. 2025:KER:29107 O.P. (KAT) No.372 of 2023 7 Annexure 27 TRUE COPY OF REQUEST DATED 16-01-2019 SENT BY THE APPLICANT TO THE 4TH RESPONDENT ALONG WITH POSTAL RECEIPT. Exhibit P1 TRUE COPY OF THE O.A.NO.1029/2020 DATED 20-6-2020 FILED BY THE PETITIONER HEREIN BEFORE THE HON’BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ALONG WITH ITS ANNEXURES. Exhibit P2 TRUE COPY OF MISCELLANEOUS APPLICATION NO.526/2023DATED 13-3-2023FILED BY THE APPLICANT IN OA 1029/20 BEFORE THE HON’BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. Exhibit P3 TRUE COPY OF THE REPLY STATEMENT DATED 17-1-2021 FILED BY THE 1ST RESPONDENT IN OA 1029/20 BEFORE THE HON’BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. DATED 27.11.2021 Exhibit P4 TRUE COPY OF THE REJOINDER DATED 28-3- 2022 FILED BY THE APPLICANT IN OA 1029/20 BEFORE THE HON’BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM. Exhibit P5 TRUE COPY OF THE APPLICATION M.A. NO.641/2023 FILED BY THE APPLICANT IN OA 1029/20 BEFORE THE HON’BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM ALONG WITH ITS ANNEXURES. Exhibit P6 CERTIFIED COPY OF THE ORDER DATED4-4- 2023 OF THE HON’BLE KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM IN O.A.1029/2020. Exhibit P7 TRUE COPY OF THE REVIEW PETITION DATED 1-8-2023 FILEDBY THE APPLICANT BEFORE THE 1ST RESPONDENT. 2025:KER:29107 O.P. (KAT) No.372 of 2023 8 Exhibit P8 COPY OF THE ORIGINAL APPLICATION NO.1029 OF 2020 FILED BY THE PETITIONER HEREIN Exhibit P9 A TRUE COPY OF THE GOVERNMENT ORDER G.O.(RT) NO. 356/2025/HOME DATED 01.02.2025