High Court Kerala High Court

Mohanachandran vs Departmental Promotion … on 9 June, 2010

Kerala High Court
Mohanachandran vs Departmental Promotion … on 9 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 5573 of 2009(N)


1. MOHANACHANDRAN, S/O.LATE KUTTAN NAIR,
                      ...  Petitioner

                        Vs



1. DEPARTMENTAL PROMOTION COMMITTEE II,
                       ...       Respondent

2. GOVERNMENT OF KERALA REPRESENTED BY

3. THE COMMISSIONER OF CIVIL SUPPLIES,

4. SRI.O.KRISHNAKUMARY,JUNIOR MANAGER,

                For Petitioner  :SRI.C.K.PAVITHRAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :09/06/2010

 O R D E R
                       ANTONY DOMINIC, J.
              --------------------------------------------------
                  W.P.(C) NO.5573 OF 2009 (N)
              --------------------------------------------------
             Dated this the 9th day of June, 2010

                           J U D G M E N T

Petitioner is an Assistant Supply Officer aspiring promotion to

the post of Supply Officer. In Exts.P2 and P10 select lists he was

superseded for the reason that proceedings pursuant to Exts.P4 and

P5 charge sheets were pending against the petitioner. Counsel now

submits that by Exts.P9 and P12 orders, disciplinary proceedings

have been finalised, ordering recovery of loss and therefore he is

entitled to be considered for promotion.

2. Although Government Pleader has pointed out that Ext.P12

reflects a penalty, which has been provided in the rule, still having

regard to the fact that it was due to the pendency of Exts.P2 and

P10 that he has been overlooked, it is directed that the respondents

shall consider the case of the petitioner also for promotion to the

post of Taluk Supply Officer as and when the DPC is convened.

Petitioner shall produce a copy of the judgment before the Ist

respondent for compliance.

(ANTONY DOMINIC)
JUDGE
vi/

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