Disposed

State of Kerala, v. Shibu E.V.

Kerala HC15 Mar 2021OP(KAT)/15/2020

Case brief

AI extract

What is this about?

The High Court disposed of appeals challenging tribunal orders which kept departmental inquiries in abeyance. Directions were given to disciplinary authorities to proceed as investigations were complete and only statutory sanction awaited. View merits left open.

What did the court decide?

Disposed the original petitions. Directed disciplinary authority to ascertain investigation status and proceed if only sanction remains.

State of Kerala, Vs Shibu E.V. — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THE HONOURABLE MR.JUSTICE K. BABU

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MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

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OP(KAT).No.12 OF 2020

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AGAINST THE ORDER/JUDGMENT IN OA 2062/2018 DATED 18-10-2019 OF KERALA ADMINISTRATIVE TRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS/RESPONDENTS 1 TO 4 IN O.A:

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1 STATE OF KERALA REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001, KERALA

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2 THE DISTRICT POLICE CHIEF, OFFICE OF THE DISTRICT POLICE CHIEF, ERNAKULAM RURAL, ALUVA 683101, KERALA.

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3 THE INSPECTOR OF POLICE/ENQUIRY OFFICER, OFFICE OF THE INSPECTOR OF POLICE, PUTHENCRUZ POLICE STATION, PUTHENCURZ, ERNAKULAM 682 308, KERALA.

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4 THE SUPERINTENDENT OF POLICE, OFFICE OF THE SUPERINTENDENT OF POLICE, ORGANIZED CRIME WING II, ERNAKULAM 682 032, KERALA (PRESENTLY RE-DESIGNATED AS THE SUPERINTENDENT OF POLICE, CRIME BRANCH, ERNAKULAM)

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BY SRI.B.UNNIKRISHNA KAIMAL, GOVERNMENT PLEADER RESPONDENT/APPLICANT IN O.A:

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PRADEEP KUMAR K.K. S/O. K.K KRISHNAN, SENIOR CIVIL POLICE OFFICER (DRIVER) DVR (SCPO-9932) ARMED RESERVE CAMP, KALAMASSERY, ERNAKULAM DISTRICT 682 021, RESIDING AT KADATHUKADAVU HOUSE, NANDYATTUKUNNAM, NORTH PARAVOOR, ERNAKULAM, KERALA 683513.

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R1 BY ADV. SRI.T.R.RAJESH

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 15.03.2021, ALONG WITH OP(KAT).15/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P(KAT) No.12/2020 & O.P(KAT) No.15/2020

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS

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THE HONOURABLE MR.JUSTICE K. BABU

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MONDAY, THE 15TH DAY OF MARCH 2021 / 24TH PHALGUNA, 1942

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OP(KAT).No.15 OF 2020

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AGAINST THE ORDER/JUDGMENT IN OA 144/2019 DATED 18-10-2019 OF KERALA ADMINISTRATIVETRIBUNAL, THIRUVANANTHAPURAM

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PETITIONERS/RESPONDENTS 1 TO 4 IN O.A:

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1 STATE OF KERALA, REPRESENTED BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME (H) DEPARTMENT, GOVERNMENT SECRETARIAT,

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THIRUVANANTHAPURAM - 695 001, KERALA.

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2 THE ASSISTANT COMMISSIONER OF POLCIE DISTRICT CRIME BRANCH, OFFICE OF THE ASSISTANT COMMISSIONER OF POLICE, DISTRICT CRIME BRANCH, ERNAKULAM, COCHIN CITY - 683 104, KERALA.

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3 THE INSPECTOR OF POLICE /ENQUIRY OFFICER OFFICE OF THE INSPECTOR OF POLICE, MATTANCHERY POLICE STATION, KOCHI - 682 002 , KERALA.

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4 THE DISTRICT POLICE CHIEF OFFICE OF THE DISTRICT POLICE CHIEF, KOCHI CITY, ERNAKULAM - 682 035, KERALA.

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BY SRI.B.UNNIKRISHNA KAIMAL, GOVERNMENT PLEADER

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RESPONDENTS/APPLICANTS IN O.A:

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1 SHIBU E.V, AGED 38 YEARS, S/O. VELAYUDHAN (LATE), SUB INSPECTOR OF POLICE, PUTHENVELIKKARA POLICE STATION,

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O.P(KAT) No.12/2020 & O.P(KAT) No.15/2020

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ERNAKULAM RURAL, ERNAKULAM - 683 594, RESIDING AT EDYATH HOUSE, MUDAKUZHA P. O., AKANAD - 683 594, ERNAKULAM, KERALA.

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2 REXIN PODUTHAS, AGED 39 YEARS S/O. MARTIN T. L., SENIOR CIVIL POLICE OFFICER (SCPO 10534), ERNAKULAM TOWN NORTH POLICE STATION, KOCHI CITY, ERNAKULAM - 682018, RESIDING AT THATHANKERY HOUSE, PONEKKARA, KOCHI, ERNAKULAM - 682 041, KERALA.

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3 RATHEESH T. R, AGED 39 YEARS S/O. T. V. RAJAN, CIVIL POLICE OFFICER (CPO 11227), PALARIVATTOM POLICE STATION, KOCHI CITY, ERNAKULAM - 682304, RESIDING AT THITTEPARAMBIL HOUSE, MARADU P. O., KUNDANNUR, KOCHI - 682 302, KERALA.

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4 JINCE A. T., AGED 39 YEARS S/O. A. C. THAMPAN, DRIVER POLICE CONSTABLE (DVR PC 12336), DISTRICT HEADQUARTER, KOCHI CITY, ERNAKULAM - 682035, RESIDING AT AMBALATHUMKUDI HOUSE, THURUTHI P. O., PRALAICODU, KOCHI - 683545, KERALA.

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5 HARIMON U. V., AGED 39 YEARS, S/O. P. K. VELAPPAN NAIR, CIVIL POLICE OFFICER (CPO 11230), ELOOR POLICE STATION, KOCHI CITY, ERNAKULAM, RESIDING AT KIZHAKKEDATH HOUSE, NEENDAPARA P. O., NERIYAMANGALAM, IDUKKI - 686693, KERALA.

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6 SUMESH K. S., AGED 38 YEARS, S/O. SUKUMARAN, DRIVER CIVIL POLICE OFFICER (DVR CPO 12345), DISTRICT HEADQUARTER, KOCHI CITY, ERNAKULAM, RESIDING AT KARIMAMTHANDATHIL HOUSE, EZHATTUMUGHAM P. O., EZHATTUMUGHAM, ERNAKULAM - 683 577, KERALA.

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THIS OP KERALA ADMINISTRATIVE TRIBUNAL HAVING COME UP FOR ADMISSION ON 15.03.2021, ALONG WITH OP(KAT).12/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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O.P(KAT) No.12/2020 & O.P(KAT) No.15/2020

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ALEXANDER THOMAS & K.BABU, JJ.

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O.P(KAT) No.12 of 2020 &

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O.P(KAT) No.15 of 2020

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( Arising out of the order dated 18-10-2019 in O.A (EKM)No. 2062 of 2018 & O.A (Ekm) No.144 of 2019 of KAT, Ekm Bench )

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Dated this the 15^th day of March, 2021

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JUDGMENT

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ALEXANDER THOMAS, J.

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In these cases, The Tribunal as per the impugned Ext.P3 final order dated 18-10-2019 in the present O.A (Ekm) No.2062/2018 and O.A (Ekm) No.144/2019 has ordered that the original applications will stand disposed of with the directions that the official respondents therein will keep in abeyance the departmental enquiry against the applicants therein/respondents herein in these cases till the final reports are filed in the criminal cases registered against them.

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Heard Sri.B.Unnikrishna Kaimal, learned Government

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Pleader appearing for the petitioners in these two cases and Sri.T.R.Rajesh, learned Advocate appearing for the contesting respondents in these cases/respective original applicants in these cases before the Tribunal.

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O.P(KAT) No.12/2020 & O.P(KAT) No.15/2020

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Today when the matter has been taken up for consideration, it is apprised this Court by the learned Government Pleader on behalf of the petitioners that, the criminal investigation in these two cases has been completed, but it appears that the statutory sanction to prosecute the applicants are awaited from the competent authority. Further that it appears that, the final report/charge sheet initially filed in these cases have been returned by the competent criminal court as the same was not accompanied by the statutory sanction and that steps are approved to secure the statutory sanction from the competent authority concerned in these cases and thereafter the final report/charge sheet in these cases will be filed before the competent criminal court. The criminal case in relation to O.P(KAT) No.12/2020, is a crime which has been re-registered as crime No.18/2018 of CBCID, Thiruvananthapuram for offences punishable under Secs.7, 13 (1)(d) read with Sec.13(2) of the Prevention of Corruption Act read with Sec.115 of the Kerala Police Act, 2011. Whereas the case in relation to O.P(KAT) No.15/2020, is crime No.1507/2017 of Kalamassery Police Station, Ernakulam District for offences punishable under Secs.341, 323, 324, 294(b) and 34 of the Indian Penal Code, etc.

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O.P(KAT) No.12/2020 & O.P(KAT) No.15/2020

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From the submissions made on behalf of the petitioners, it appears that the investigation in these cases has been duly completed by the Investigating Officer concerned, but the final report by way of Charge Sheet, etc could not now be filed as the statutory sanction from the competent authority is awaited. Hence, substantially, it can be seen that the investigation is completed and finalised and hence it is ordered that, the competent disciplinary authority concerned in these two cases may ascertain from the competent Investigating Officer in the respective crime involved in these cases as to whether the investigation in these cases has been duly completed and finalised and if what is awaited and what is remains to be done is only securing the statutory sanction, etc, then the disciplinary authority will proceed to the conduct of the disciplinary enquiry in accordance with the provisions contained in the Rules.

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In that regard, Sri.T.R.Rajesh, learned counsel appearing for the respondents herein would point out that, the sole respondent/sole original applicant in O.P(KAT) No.12/2020 has already retired from service, etc. The said facts regarding the retirement of the party involved in O.P(KAT) No.12/2020 may also be duly taken note of by the disciplinary authority in the matter.

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O.P(KAT) No.12/2020 & O.P(KAT) No.15/2020

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In the light of these aspects, nothing substantially remain in

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these original petitions and hence, there is no necessity to keep the original petitions pending any longer on the file of this Court. We make it clear that, we have not entered into the merits of the controversy and all other contentions on both sides are left open to be raised and decided in other appropriate proceedings in the manner known to law.

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With these observations and directions, the above Original Petitions will stand disposed of.

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Sd/-

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ALEXANDER THOMAS, JUDGE

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Sd/- K.BABU, JUDGE

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KAS

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O.P(KAT) No.12/2020 & O.P(KAT) No.15/2020

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APPENDIX OF OP(KAT) 12/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1(A1)	TRUE COPY OF THE SUSPENSION ORDER NO. H2-28344/18/ER DATED 10-05-2018.
EXHIBIT P1(A2)	TRUE COPY OF THE FIR BEARING NO. 18/2018 DATED 18-05-2018.
EXHIBIT P1(A3)	TRUE COPY OF THE CHARGE MEMO AND STATEMENT OF ALLEGATIONS BEARING NO. 01/PR/18/PTZ DATED 05-06-2018
EXHIBIT P1 (A4)	TRUE COPY OF THE NOTICE DATED 18-07- 2018 BEARING NO. 01/PR/18 PTZ
EXHIBIT P1(A5)	TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE APPLICANT BEFORE THE 3RD RESPONDENT DATED 30-07-2018
EXHIBIT P1(A6)	TRUE COPY OF NOTICE ISSUED BY THE 3RD RESPONDENT BEARING NO. 01/PR/18PTZ DATED 27-10-2018.
EXHIBIT P1(A7)	TRUE COPY OF THE ORDER INTERIM ISSUED BY THIS HON'BLE TRIBUNAL DATED 17-08- 2018 IN OA(EKM) NO. 1635/2018
EXHIBIT P2	A PHOTOCOPY OF THE REPLY STATEMENT OF THE 3RD RESPONDENT.
EXHIBIT P3	A PHOTOCOPY OF THE ORDER DATED 18-10- 2019 IN OA (EKM) NO. 2062/2018.

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O.P(KAT) No.12/2020 & O.P(KAT) No.15/2020

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APPENDIX OF OP(KAT) 15/2020

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PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 A PHOTOCOPY OF THE O.A. ALONG WITH ANNEXURES.

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EXHIBIT P1 (A1) TRUE COPY OF THE FIR NO.1492/2017 DATED 17.7.2017 OF KALAMASSERY POLICE STATION.

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EXHIBIT P1 (A2) TRUE COPY OF THE CHARGE MEMO DATED 4.8.2017 AND STATEMENT OF ALLEGATION SERVED ON THE 1ST APPLICANT. EXHIBIT P1 (A3) TRUE COPY OF THE CHARGE MEMO DATED 4.8.2017 AND STATEMENT OF ALLEGATIONS SERVED ON THE 2ND APPLICANT. EXHIBIT P1 (A4) TRUE COPY OF THE CHARGE MEMO DATED 4.8.2017 AND STATEMENT OF ALLEGATIONS SERVED ON THE 3RD APPLICANT.

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EXHIBIT P1 (A5) TRUE COPY OF THE CHARGE MEMO DATED 4.8.2017 AND STATEMENT OF ALLEGATIONS SERVED ON THE 4TH APPLICANT.

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EXHIBIT P1 (A6) TRUE COPY OF THE CHARGE MEMO DATED 4.8.2017 AND STATEMENT OF ALLEGATIONS SERVED ON THE 5TH APPLICANT.

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EXHIBIT P1 (A7) TRUE COPY OF THE CHARGE MEMO DATED 4.8.2017 AND STATEMENT OF ALLEGATIONS SERVED ON THE 6TH APPLICANT. EXHIBIT P1 (A8) TRUE COPY OF THE FIR NO.1507/2017 DATED 21.7.2017 OF KALAMASSERY POLICE STATION.

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EXHIBIT P1 (A9) TRUE COPY OF THE NOTICE ISSUED BY THE INSPECTOR OF POLICE, MATTANCHERRY POLICE STATION BEARING NO.03/PR/18M DATED 10.10.2018 TO THE 1ST APPLICANT.

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O.P(KAT) No.12/2020 & O.P(KAT) No.15/2020

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EXHIBIT	P1	(A10)	TRUE COPY OF THE NO.03/PR/18M DATE THE 1S APPLICANT.	NOTICE BEARING D 10.01.2019 ISSUED TO
EXHIBIT	P1	(A11)	TRUE COPY OF THE SUBMITTED BY THE THE 3RD RESPONDEN	REPRESENTATION 1ST APPLICANT BEFORE T DATED 14.01.2019.
EXHIBIT	P1	(A12)	TRUE COPY OF THE SUBMITTED BY THE THE 3RD RESPONDEN	REPRESENTATION 2ND APPLICANT BEFORE T DATED 14.01.2019.
EXHIBIT	P1	(A13)	TRUE COPY OF THE SUBMITTED BY THE THE 3RD RESPONDEN	REPRESENTATION 3RD APPLICANT BEFORE T DATED 14.01.2019.
EXHIBIT	P1	(A14)	TRUE COPY OF THE SUBMITTED BY THE THE 3RD RESPONDEN	REPRESENTATION 4TH APPLICANT BEFORE T DATED 14.01.2019.
EXHIBIT	P1	(A15)	TRUE COPY OF THE SUBMITTED BY THE BEFORE THE 3RD RE 14.01.2019.	REPRESENTATION 5TH APPLICANT 1 TO 6 SPONDENT DATED
EXHIBIT	P1	(A16)	TRUE COPY OF THE SUBMITTED BY THE THE 3RD RESPONDEN	REPRESENTATION 6TH APPLICANT BEFORE T DATED 14.01.2019.
EXHIBIT	P1	(A17)	TRUE COPY OF THIS DATED 20.3.2018 I NO.737/2018.	HONOURABLE TRIBUNAL N O.A.(EKM)
EXHIBIT	P2		PHOTOCOPY OF THE 3RD RESPONDENT.	REPLY STATEMENT OF THE
EXHIBIT	P2	(R3(a))	TRUE COPY OF THE 50870/2017/EC DAT INSPECTOR OF POLI	ORDER NO.H2- ED 25.07.2017 OF THE CE, KOCHI CITY.
EXHIBIT	P3		A PHOTOCOPY OF TH 18.10.2019 IN OA(	E ORDER DATED EKM) NO.144/2019.

State of Kerala, v. Shibu E.V.

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State of Kerala, v. Shibu E.V.

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