High Court Kerala High Court

P.P.Krishnan vs State Of Kerala on 24 February, 2009

Kerala High Court
P.P.Krishnan vs State Of Kerala on 24 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5514 of 2009(H)


1. P.P.KRISHNAN, REGIONAL TRANSPORT OFFICER
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. ADDITIONAL CHIEF SECRETARY TO

3. DIRECTOR OF VIGILANCE,

4. DEPARTMENTAL PROMOTION COMMITTEE

                For Petitioner  :SRI.C.S.MANU

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :24/02/2009

 O R D E R
               T.R.RAMACHANDRAN NAIR,J.
                      -------------------------
                  W.P ( C) No.5514 of 2009
                     --------------------------
             Dated this the 24th February,2009

                       J U D G M E N T

Petitioner is working as Regional Transport Officer

at Kollam. He was promoted as Regional Transport

Officer on 12.9.2005. He was involved in a case initiated

by one Jobin Joe, which resulted in the filing of Crl. M.P.

No.2080 of 2007 before the Enquiry Commissioner and

Special Judge, Thrissur. By Exhibit-P1 order, the learned

Special Judge forwarded the complaint to the Director of

Vigilance for enquiry and report.

2. The petitioner filed CrlM.C No.1815 of 2008

before this Court seeking to quash the said complaint.

The said Crl. M.C. stands admitted and an interim order

has been passed as per Exhibit-P2 in the following terms:

“Heard. Admitted. Notice given and the
learned Public Prosecutor appears for R1 and 3.

Issue notice to R2 by speed post
acknowledgment due. Put up after service is
complete.

There shall be a direction that Annexure
A1 order shall not be reckoned to the
disadvantage of the petitioner for any
purposes whatsoever, until further orders.”

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3. According to the petitioner, he was served a

copy of Exhibit-P2 to the respondents 1 and 3. He is

aspiring for promotion to the post of Deputy Transport

Commissioner in the existing vacancies. He is fairly senior

in the cadre of Regional Transport Officer. Anticipating

the meeting of the Departmental Promotion Committee, he

has filed Exhibit-P3 representation seeking to include his

name in the select list . Exhibit-P4 is the communication

dated 10.2.2009 issued from the Director of Vigilance and

Anti Corruption Bureau addressed to the Additional Chief

Secretary to Government furnishing information regarding

the vigilance case pending against him. In the said report,

there is no mention about Exhibit-P2 interim order passed

by this Court. If the said order is withheld from the

records it will cause hardship to him, contends the

petitioner.

4. The petitioner further contends that merely

because there is a vigilance enquiry pending against him,

that cannot be taken as a ground to exclude him from his

consideration for promotion.

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5. In these circumstances, the petitioner seeks for

a direction to the respondents 1 and 2 to place the case of

the petitioner before the 4th respondent for considering

him for promotion to the post of Deputy Transport

Commissioner in its meeting scheduled to be held on

27.2.2009. Along with I.A. No.2768 of 2009, petitioner has

produced a copy of representation dated 20.2.2009

addressed to the Additional Chief Secretary to

Government, Transport (C) Department explaining the

facts leading to the vigilance case and the interim order

passed by the Vigilance Court as well as Exhibit-P2 order

in Crl.M.C No.1815 of 2008 passed by this Court. Exhibit-

P7 is a copy of representation he has filed before the

Director of Vigilance and Anti Corruption Bureau

requesting that the order dated 23.5.2008 in Crl.M.C.

No.1815 of 2008 may be placed before the Government for

making it available to the D.P.C for considering his name.

Seeking for the said relief, he has filed Exhibit-P8 before

the Transport Commissioner also.

6. In the light of Exhibit-P2 order passed by this

Court, Annexure A1 order dated 23.2.2008 passed in Crl.

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M.P.2080 of 2007 by the Enquiry Commissioner and

Special Judge cannot be reckoned to the disadvantage of

the petitioner for any purpose whatsoever.

In the result, the writ petition is disposed of directing

the respondents to consider the request made by the

petitioner in Exhibits P6 to P8 and take appropriate action

thereon to place his name before the Departmental

Promotion Committee and in due compliance with Exhibit-

P2 order passed by this Court. The same shall be done

before the next meeting is convened.

(T.R.RAMACHANDRAN NAIR,
JUDGE)
ma

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