IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 30088 of 2008(F)
1. N.K.NAGARAJAN, AGED 46 YEARS, (HC 802)
... Petitioner
Vs
1. ADDITIONAL DIRECTOR GENERAL OF POLICE,
... Respondent
2. DEPUTY INSPECTOR GENERAL OF POLICE,
3. STATE OF KERALA, REP. BY SECRETARY,
4. JOSE, HC-W.844,
For Petitioner :SRI.VIJU THOMAS
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :05/11/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C) No.30088 of 2008
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Dated this the 5th November, 2008.
J U D G M E N T
The petitioner is presently working as Assistant Sub
Inspector of Police. While he was serving as Head Constable, the
punishment of barring of two increments with cumulative effect
was imposed on him by the Deputy Inspector General of Police,
by order passed on 24.12.2003. On an appeal filed by the
petitioner, the Additional Director General of Police modified the
punishment and limited it to barring of increment for one year
without cumulative effect. The appellate order was passed on
12.1.2005. According to the petitioner, the punishment took
effect and the period of one year expired on 12.1.2006. His
grievance is that he, therefore, ought to have been considered for
promotion to the post of Assistant Sub Inspector of Police, when
the Departmental Promotion Committee met on 14.11.2006. The
petitioner further contends that when the Departmental
Promotion Committee met on 14.11.2006, his case was illegally
W.P.(C) No.30088/2008
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overlooked, on the ground that minor punishment had been
imposed on him. Later, he was promoted as Assistant Sub
Inspector of Police, as per orders passed in the year 2007. The
petitioner has, complaining about his supercession for promotion
to the post of Assistant Sub Inspector of Police in the year 2006,
submitted Exts.P3 and P5 representations before the Deputy
Inspector General of Police, Kannur Range and the Inspector
General of Police, North Zone, Kozhikode, respectively.
2. While the matters stood thus, the petitioner’s
promotion to the post of Assistant Sub Inspector of Police was
regularised with effect from 11.10.2007, as per Ext.P6 order
dated 30.6.2008. He is also presently included in the select list
of Assistant Sub Inspectors of Police fit for promotion as Sub
Inspector of Police for the year 2008. Aggrieved by the date of
regularisation in the post of Assistant Sub Inspector of Police only
with effect from 11.10.2007 and the consequential lowering of his
rank in the select list of Assistant Sub Inspectors of Police fit for
promotion to the post of Sub Inspector of Police, he has filed
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Ext.P8 representation before the Inspector General of Police,
Kannur Range. In this writ petition, the petitioner prays inter alia
for a direction to the respondents to include his name in Ext.P2
select list of Head Constables fit for promotion as Assistant Sub
Inspectors of Police for the year 2006 and consequently at the
appropriate place in Ext.P7 select list of Assistant Sub Inspectors
of Police fit for promotion as Sub Inspectors of Police.
3. The authority competent to consider the
grievance voiced by the petitioner in this Writ Petition and in
Exts.P3, P5 and P8 representations is the Additional Director
General of Police, North Zone, Kozhikode, who is also the
Chairman of the Departmental Promotion Committee. The
petitioner has not yet moved the said authority for redressal of
his grievance. The petitioner submits that at the point of time
when Exts.P3, P5 and P8 representations were submitted, the
Deputy Inspector General of Police, Kannur Range and the
Inspector General of Police, North Zone, Kozhikode, were the
competent authorities and by a change in the rules, the power to
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redress his grievances stand vested with the Additional Director
General of Police, North Zone, Kozhikode. Since the petitioner is
yet to move that authority, the reliefs sought for by the
petitioner cannot be granted in these proceedings.
However, as the petitioner has got a grievance
regarding his supercession for promotion to the post of Assistant
Sub Inspector of Police and his ranking in Ext.P7 select list, I
dispose of this Writ Petition with a direction to the petitioner to
file an appropriate representation before the first respondent.
This shall be done within a period of one month from today. The
first respondent shall, on receipt of such a representation,
consider the same and take a decision thereon, in accordance
with law, within a period of three months thereafter. The
petitioner’s contentions on the merits are left open.
P.N.RAVINDRAN,
JUDGE
nj.