High Court Kerala High Court

Mathew Abraham vs State Of Kerala on 16 July, 2010

Kerala High Court
Mathew Abraham vs State Of Kerala on 16 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 16572 of 2010(V)


1. MATHEW ABRAHAM, S/O.LATE ABRAHAM,
                      ...  Petitioner

                        Vs



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

2. DIRECTOR GENERAL OF POLICE OF KERALA,

3. CHAIRMAN,DEPARTMENTAL PROMOTION

4. SUPERINTENDENT OF POLICE, PATHANAMTHITTA

5. M.J.GOPAKUMAR,MANAGER,

6. K.K.CHELLAPPAN,SUPERINTENDENT OF POLICE,

                For Petitioner  :SRI.V.PHILIP MATHEW

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :16/07/2010

 O R D E R
                       ANTONY DOMINIC, J.
              --------------------------------------------------
                  W.P.(C) NO.16572 OF 2010(V)
              --------------------------------------------------
             Dated this the 16th day of July, 2010

                           J U D G M E N T

Petitioner is a Manager working in KAP 5th Battalion. He aspires

promotion to the post of Administrative Assistant. DPC was held on

11.3.2010 and the 5th respondent was promoted by Ext.P2 order.

Going by Ext.P1 seniority list, petitioner is at Sl. No.58 and the 5th

respondent is at Sl. No.69. Petitioner submits that overlooking his

seniority, 5th respondent was given promotion mainly for the reason

that the DPC relied on adverse remarks in the confidential records

of the petitioner which were not communicated to him. In view of

the case of the petitioner that it was entirely relying on the

uncommunicated adverse remarks the promotion was denied to

him, this court directed the respondents to file a statement in the

matter. Accordingly a statement was filed.

2. Government Pleader has now made available the

confidential records of the petitioner for the period from 11.2009 to

20.5.2009, which contains the adverse remarks in question.

According to the Government Pleader, it was only on 9.2.2010 that

WPC.No. 16572/2010
:2 :

the Reviewing Officer, agreed with the remarks made by the

Reporting Officer and that the petitioner had entered on long leave

for the period from 12.1.2010 to 11.4.2010 and reported for duty

only on 12.4.2010. It is stated it was only thereupon that the

remarks could be communicated to the petitioner and that prior to

that DPC was convened on 11.3.2010. It is also stated that

subsequently remarks were communicated to the petitioner on

28.5.2010.

3. Counsel for the petitioner relied on the provision

contained in Rule 28(b)(1) of Part-II KS & SSR to contend that un

communicated adverse remarks cannot be relied on against the

petitioner and therefore according to him promotion given to the 5th

respondent overlooking his claim is illegal.

4. Since, the adverse remarks could not be communicated,

in the aforesaid factual background, I feel in the facts of this case,

the proper course to be adopted is to direct the 2nd respondent,

before whom the petitioner has filed Ext.P9 representation against

the adverse remarks, to consider and pass orders on the

representation. Therefore, the 2nd respondent is directed to consider

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and dispose of Ext.P9, which shall be done at any rate within 6

weeks from the date of production of a copy of the judgment.

Needless to say, depending upon the orders passed on Ext.P9, if it

is necessary, ad hoc DPC will be held and the petitioner’s case for

promotion to the post of Administrative Assistant will be considered

afresh.

Petitioner shall produce a copy of the judgment along with a

copy of the writ petition before the 2nd respondent for compliance.

Writ Petition is disposed of as above.

(ANTONY DOMINIC)
JUDGE
vi/