CW-1997-0017Ernakulam, KeralaJudgment 25 August 1997

Kochi Police Head Constable vs Commissioner of Police and Ors.

The Kerala High Court (K.S. Radhakrishnan, J.) dismissed O.P. No. 8526 of 1997, upholding the Commissioner of Police, Cochin City order dated 04-04-1997 removing Head Constable from service following his conviction in C.C. No. 162 of 1993 (JFCM, Kochi) for cheating offences under IPC ss.419, 420 read with s.34. The Court applied S. Nagoor Meera to hold that action under clause (a) of the second proviso to Article 311(2) need not await the pending criminal appeal (Crl.A. No. 98 of 1997, Sessions Court, Ernakulam) and that suspension of sentence does not bar removal. It noted the criminal court categorical finding that the petitioner conduct brought a bad name to the police force and warranted deterrent punishment (consecutive RI terms of one and two years plus fines payable to PW-1 as compensation). The removal was made subject to the result of the pending appeal, and the petitioner was given one month to vacate police quarters.

Externally reportedV2
What this record means

This page documents a court-adjudicated case from the judgment and cited sources below. Findings are attributed to the court; this record does not add findings of its own.

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Report card

By judgment dated 25 August 1997 in O.P. No. 8526 of 1997, the Kerala High Court (Coram: K.S. Radhakrishnan J., J.) upheld the disciplinary action taken against the Head Constable, Cochin City Traffic Assistant Commissioner Office, Kochi.

Register number
KL 07 CW 0002
Case reference
O.P. No. 8526 of 1997 / (1997) 2 KLJ 351
Court and date
Kerala High Court (Coram: K.S. Radhakrishnan J., J.), 25 August 1997
Officer(s) at the material time
Head Constable, Cochin City Traffic Assistant Commissioner Office, Kochi
Present service status
Not ascertained from the cited sources.
Provisions invoked
Section 419 of the Indian Penal Code, 1860; Section 420 of the Indian Penal Code, 1860; Section 34 of the Indian Penal Code, 1860; Article 311(2) of the Constitution of India
Finding of the Court (extract)
“I do not find any illegality in Ext.P1 order removing the petitioner from service.” (at para 8)
Verdict, sentence and quantum
Disciplinary action upheld. Sentence: dismissal.
Present status of the proceedings
No further proceedings are recorded in the cited sources; the judgment is the concluded position shown.

Compiled from the judgment and the cited sources. Findings are those of the court; this card adds none of its own.

The Kerala High Court judgment dated 25 August 1997 is the concluded position shown in the cited sources.

Recorded allegations

1
OtherPrimary
Material fact supported

Reliable material supports a specifically documented fact relevant to that allegation, not necessarily the full allegation, causation, intent, unlawfulness, or responsibility.

Official finding: supports allegation.

What the court found

Holding not recorded separately.

“I do not find any illegality in Ext.P1 order removing the petitioner from service.” (para 8)

Institutional response

1
25 Aug 1997

Order issued

Concluded
Kerala High Court External · Binding

The Kerala High Court upheld service punishment imposed on police personnel.

Disciplinary action · Procedural only.
Source: (1997) 2 KLJ 351
Not yet re-checked.

Follow-up history

1
19 Sep 2026

(Round-8 full re-verification: published record re-checked against the judgment text (outcome, officers, quote, key facts) plus methodology-compliance pass; skills-guided adversarial re-verification of the published record against the judgment text (reverify/t1-*/adversarial-8.jsonl))

Corrections (0): No corrections recorded.

Review: Solo Staff combined review (one combined attestation) — not yet recorded.

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