A.K.Basheer, J. (Member (J)) - (1.) THIS petition has been filed by the applicant in OA No. 985 of 2012 under Section 17 of the Administrative Tribunals Act, 1985 read with Section 12 of the Contempt of Courts Act, 1971 alleging that the respondent has willfully and deliberately disobeyed the direction issued by this Tribunal in the above Original Application. He, therefore, prays that appropriate action be taken against the respondent and he be punished accordingly. Petitioner is an officer of the Indian Police Service, 1987 batch and is presently holding the rank of Inspector General of Police. He had filed the above Original Application seeking primarily the following reliefs: - (i) To declare that there is no legal impediment in promoting the applicant to the grade of Additional Director General of Police in view of the incontestable fact that inquiry proceedings are not commenced till date notwithstanding the serving of Annexures A -2, A -4, A -5 and A -6 Articles of charges on the applicant and adoption of sealed cover proceedings is totally illegal and unjustified; (ii) To issue appropriate direction or order directing the respondents to open the sealed cover and in case the applicant is included in the list of officers fit for promotion to the grade of Additional Director General of Police, promote him to the grade of Additional Director General of Police with effect from the date of his entitlement subject to the final outcome of the disciplinary proceedings initiated as per Annexures A -2, A -4, A -5 and A -6 Articles of charges; (iii) To issue appropriate direction or order directing the 1st respondent to drop the departmental enquiry pursuant to Annexures A -2, A -4, A -5 and A -6 in the complete absence of prima facie case/proof against the applicant and in view of the inexplicable delay in commencing the inquiry and having regard to the fact that futile result of the inquiry.
(2.) THE above Original Application was disposed of by this Tribunal with the following directions: - 13. In the light of the above, the O.A. is disposed of as under. The respondent No. 1 and 3 should ensure that the disciplinary proceedings against the applicant are concluded and in the light of the conclusions, proceed further as per the promotion guidelines in the matter of promotion of the applicant within 04 months from the date of receipt of a copy of this order. No costs. It is beyond controversy that the General Administration (Special -C) Department under the Government of Kerala had, after considering the report of the inquiry officer, closed the disciplinary proceedings initiated against the applicant thus: - 5. Inquiry revealed that Shri Tomin J. Thachankary IPS has violated AIS (Conduct) Rules and the existing guidelines of Government of India and acted in a most disorderly and indisciplined manner which was thoroughly unbecoming of a member of the service. However, Government have considered the fact that he has been placed under suspension from service thrice (about two years) for the allegations against him and by virtue of that his promotion to the post of ADGP was withheld for two years. Therefore, Government have taken a lenient view in the matter and has decided to finalize the disciplinary action initiated against Shri Tomin J. Thachankary IPS, Inspector General of Police by giving him a 'Severe Warning' not to repeat such conduct in future.
(3.) THE contention of the petitioner is that the respondent has willfully and deliberately refused to implement the latter part of the direction issued by this Tribunal namely to promote him to the grade of Additional Director General of Police as per the promotion guidelines. He contends that the respondent is bound to open the sealed cover containing the remarks of the review committee for promotion.;