IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 2490 of 2007(U)
1. K.P. UDAYAKUMAR, AGED 45 YEARS,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE DEPARTMENTAL PROMOTION COMMITTEE(HR)
3. THE CHIEF CONSERVATOR OF FOREST,
For Petitioner :SRI.M.SASINDRAN
For Respondent : No Appearance
The Hon'ble MR. Justice K.K.DENESAN
Dated :22/01/2007
O R D E R
K.K. DENESAN, J.
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W.P.(C) No. 2490 OF 2007 U
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Dated this the 22nd January, 2007
J U D G M E N T
The petitioner is working as Range Officer in the
Forest Department. It is contended that he is duly
qualified and eligible to be considered for promotion
to the post of Assistant Conservator of Forests, but
his name is likely to be eschewed from consideration by
the Departmental Promotion Committee on the ground that
disciplinary proceedings are pending against him.
Counsel for the petitioner submits that the rules do
not permit the D.P.C. to exclude persons who are
otherwise qualified and eligible for consideration by
the D.P.C. on the ground of pendency of disciplinary
proceedings.
2. There is substance in the above contention.
Ext. P4 representation filed by the petitioner before
respondents 1 and 2 is pending consideration. Hence,
there shall be an order directing the 1st respondent to
consider Ext. P4 and take appropriate decision as per
rules within one month from the date of receipt of a
copy of the judgment. If, in the meantime, the D.P.C.
WPC No. 2490/2007 -2-
holds its meeting, the records relating to he
petitioner shall also be placed before that D.P.C. and
his case also considered provisionally subject to
further orders to be passed on Ext. P4.
The petitioner shall produce a copy of the
judgment along with a copy of the writ petition before
the 1st respondent for due compliance.
K.K. DENESAN
JUDGE
jan/