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.
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W.P ( C) No.5514 of 2009
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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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