Salimsha U vs State of Kerala

Type Court Judgment Court Kerala Decided Sep 27, 2023

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Citation: sooperkanoon.com/1393312
Court: Kerala High Court
Judge: Honourable Mrs. Justice Anu Sivaraman,Honourable Mr.Justice C. Jayachandran
Decided On: Sep 27, 2023
Case Number: WA/1680/2023

Parties & Advocates

Appellant / Petitioner

Salimsha U

Respondent

State of Kerala

Excerpt

.....1680/2023 ] dated this the 27th day of september, 2023anu sivaraman, j.heard the learned counsel for the appellants and the learned state attorney for the respondents.2. it is submitted by the learned counsel for the appellants that inview of the fact that there were no specific grounds stated by the learned district and sessions judge for not recommending the names of the petitioners for inclusion in the panel for appointment as additional government pleaders and additional public prosecutors, the petitioners’ names ought to have been included in the list. the learned counsel for the appellants relies on the directions issued in ext.p4 judgment with regard to the appointment of special public prosecutors for prosecution of cases under the provisions of the protection of children from sexual offences act, 2012 to contend that such inclusion was warranted.3. the learned state attorney appearing for the respondents,however, submits that the writ petitions were filed challenging the panel to the extent the petitioners’ names, entered against serial nos.82 and 97, were not recommended by the district and sessions judge and the district collector and to quash the same as ‘specific grounds’ as required under 8(2)(c) of the kerala government law officers (appointment and conditions of service) and conduct of cases rules, 1978 are not stated. it is submitted that the writ petitions have been allowed by the learned single judge and directions have been issued to the learned district judge to reconsider the competence of the petitioners following the procedure as is legally mandated and to take a final decision recording specific grounds, if they, or any of them are found to be not deserving of being included in the final panel. it is further submitted that the learned district and sessions judge has already complied with the directions contained in thejudgment and that the list has been forwarded to the district collectorwith specific grounds with regard to the.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 27TH DAY OF SEPTEMBER 2023 / 5TH ASWINA, 1945 WA NO. 1677 OF 2023 AGAINST THE ORDER/JUDGMENT WP(C) 15015/2023 OF HIGH COURT OF KERALA APPELLANT: SANJEESH S S AGED 46 YEARS S/O SURENDRAN K, RESIDING AT T.C 32/683 (2), PRAYAGA RLRA 209 (C ) RADHAKRISHNA LANE, VAZHAYILA, PEROORKADA P O, THIRUVANANTHAPURAM, PIN - 695005 THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY SWATHY A.P. RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, THIRUVANANTHAPURAM PIN - 695001 2 SECRETARY, HOME DEPARTMENT 3 SECRETARY, LAW DEPARTMENT (INSPECTION) 4 DIRECTOR GENERAL OF PROSECUTION DIRECTORATE OF PROSECUTION, KOMBARA, KOCHI, PIN- 681018 5 DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 695043 6 DISTRICT AND SESSIONS JUDGE, THIRUVANANTHAPURAM VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035 SRI.N.MANOJ KUMAR, STATE ATTORNEY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.09.2023,
ALONG WITH WA.1680/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN & THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN WEDNESDAY, THE 27TH DAY OF SEPTEMBER 2023 / 5TH ASWINA, 1945 WA NO. 1680 OF 2023 AGAINST THE ORDER/JUDGMENT WP(C) 15046/2023 OF HIGH COURT OF KERALA APPELLANT: SALIMSHA U AGED 53 YEARS S/O UMMAR PILLAI, RESIDING AT BHAKTI VILASOM, KADAKOM P.O., THIRUVANANTHAPURAM, PIN - 695304 THOMAS ABRAHAM MERCIAMMA MATHEW ASWIN.P.JOHN R.ANANTHAPADMANABAN PAUL BABY SWATHY A.P. RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 SECRETARY, HOME DEPARTMENT 3 SECRETARY, LAW DEPARTMENT (INSPECTION) 4 DIRECTOR GENERAL OF PROSECUTION DIRECTORATE OF PROSECUTION, KOMBARA, KOCHI, PIN- 681018 5 DISTRICT COLLECTOR, THIRUVANANTHAPURAM 2ND FLOOR, CIVIL STATION BUILDING, CIVIL STATION ROAD, THIRUVANANTHAPURAM, PIN - 695043 6 DISTRICT AND SESSIONS JUDGE, THIRUVANANTHAPURAM VANCHIYOOR, THIRUVANANTHAPURAM, PIN - 695035 SRI.N.MANOJ KUMAR, STATE ATTORNEY THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27.09.2023,
ALONG WITH WA.1677/2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

[W.A. Nos.1677/2023, 1680/2023 ] Dated this the 27th day of September, 2023

Anu Sivaraman, J.

Heard the learned counsel for the appellants and the learned State Attorney for the respondents.

2. It is submitted by the learned counsel for the appellants that in

view of the fact that there were no specific grounds stated by the learned District and Sessions Judge for not recommending the names of the petitioners for inclusion in the panel for appointment as Additional Government Pleaders and Additional Public Prosecutors, the petitioners’ names ought to have been included in the list. The learned counsel for the appellants relies on the directions issued in Ext.P4 judgment with regard to the appointment of Special Public Prosecutors for prosecution of cases under the provisions of the Protection of Children from Sexual Offences Act, 2012 to contend that such inclusion was warranted.

3. The learned State Attorney appearing for the respondents,

however, submits that the writ petitions were filed challenging the panel to the extent the petitioners’ names, entered against Serial Nos.82 and 97, were not recommended by the District and Sessions Judge and the District Collector and to quash the same as ‘specific grounds’ as required under 8(2)(c) of the Kerala Government Law Officers (Appointment and Conditions of Service) and Conduct of Cases Rules, 1978 are not stated. It is submitted that the writ petitions have been allowed by the learned Single Judge and directions have been issued to the learned District Judge to reconsider the competence of the petitioners following the procedure as is legally mandated and to take a final decision recording specific grounds, if they, or any of them are found to be not deserving of being included in the Final Panel. It is further submitted that the learned District and Sessions Judge has already complied with the directions contained in the

judgment and that the list has been forwarded to the District Collector

with specific grounds with regard to the inclusion/exclusion of the petitioners and that the resultant panel is being prepared by the District Collector.

4. Having considered the contentions advanced and in view of the

fact that the prayers sought for in the writ petitions have been substantially allowed by the learned Single Judge and that consequent steps have been taken in compliance with the directions, we are of the opinion that the judgment does not require interference. These writ appeals are therefore closed, recording the submissions. Sd/- ANU SIVARAMAN JUDGE Sd/- C. JAYACHANDRAN JUDGE NP

Same Court & Year Kerala · 2023 Same Parties Salimsha U vs State of Kerala Same Judge Honourable Mrs. Justice Anu Sivaraman,Honourable Mr.Justice C...