A Division Bench of the Kerala High Court has set aside a district police chief’s order directing the recovery of ₹30,000 from the salary of a police officer as ordered by the State Human Rights Commission (SHRC) for not keeping a seized lorry in good condition.
The Bench led by Chief Justice S. Manikumar passed the verdict in view of the exoneration of the police officer by the Inspector General of Police, South Zone, on the basis of an inquiry.
SHRC directive
The verdict came on a writ petition filed by Joby Thomas, former sub-inspector of Kolathoor police station in Malappuram district. The owner of the seized tipper lorry alleged that despite the RDO ordering return of the vehicle, the police officer refused to release the vehicle. However, when the vehicle was released finally, its tyres, tubes, tools, among other things, were found missing. The owner approached the SHRC which directed that departmental action be taken against the officers who failed to keep the vehicle in safe custody and that ₹30,000 be recovered from the officer concerned. However, in the disciplinary proceedings initiated by the IGP of South Zone, it was found that the allegation was not proved against the police officer.
Allowing the writ petition, the Bench observed that in the light of the inquiry report, recovery could not be ordered from the petitioner who had not committed dereliction of duty in not protecting a tipper lorry taken into police custody.
