High Court Kerala High Court

Subrata Banga vs The Director General on 13 October, 2009

Kerala High Court
Subrata Banga vs The Director General on 13 October, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WA.No. 1905 of 2009()


1. SUBRATA BANGA, AGED 57 YEARS,
                      ...  Petitioner

                        Vs



1. THE DIRECTOR GENERAL, CISF HEAD QUARTERS
                       ...       Respondent

2. THE INSPECTOR GENERAL,

3. THE DEPUTY INSPECTOR GENERAL,

                For Petitioner  :SRI.G.HARIHARAN

                For Respondent  :SRI.T.SANJAY, CGC

The Hon'ble MR. Justice KURIAN JOSEPH
The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :13/10/2009

 O R D E R
           KURIAN JOSEPH & C.T.RAVIKUMAR, JJ.
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                    W.A.No.1905 of 2009
             -----------------------------------------
          Dated this the 13th day of October, 2009

                           JUDGMENT

Kurian Joseph,J.

Appellant is the petitioner. He approached this

court seeking a direction for promotion to the post of Senior

Commandant. According to the petitioner in view of Ext.P3

clarification regarding colour blindness, he cannot be

disqualified on that ground. He claims that he is eligible on

other counts also. The writ petition was disposed of by

judgment dated 1-6-2009 directing the first respondent to

consider Ext.P5 representation filed by the petitioner in that

regard. Not satisfied, the petitioner filed this writ appeal

stating that there should have been a positive direction in

view of Ext.P3 to promote the petitioner. We find that even

before filing the writ appeal the appellant-petitioner had been

transferred to Dhanbad. That apart, as per Annexure 1 order,

Ext.P5 representation had already been disposed of stating

that the DPC had considered the case of the petitioner along

W.A.No.1905 of 2009
-:2:-

with other eligible officers, but he was assessed unfit. Whether

the assessment of “unfit” is only on account of colour blindness is

not clear. Learned Central Government Standing Counsel submits

that in view of Annexure 1 dated 9-6-2009, unless that

communication is challenged, the petitioner cannot have an

independent relief in the writ appeal. We are afraid that the

contention cannot be appreciated. The judgment of the learned

single Judge to consider Ext.P5 is dated 1-6-2009. Ext.P5 is

dated 17-3-2009. In Annexure 1 it is stated that the DPC met on

23-2-2009. Evidently Ext.P5 has not been considered in the

above factual background by the first respondent. Since

Annexure 1 is dated 17-3-2009 and since the judgment is dated

1-6-2009 and since the DPC meeting was on 23-2-2009,

necessarily Ext.P5 will have to be considered independently as

directed by the learned single Judge in the judgment dated

1-6-2009. The reply given in Annexure 1 is not in compliance

with the judgment of the learned single Judge. The learned

counsel appearing for the appellant-petitioner seeks for an

opportunity for hearing also. Having regard to the entire facts

W.A.No.1905 of 2009
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and circumstances of the case, at the time of consideration of the

representation an opportunity for hearing shall be given to the

petitioner.

Therefore, we dispose of the writ appeal directing the first

respondent to consider Ext.P5 on merits ignoring the reply dated

9-6-2009 and pass appropriate orders thereon in accordance with

law after giving an opportunity for hearing to the appellant-

petitioner. It is made clear that while passing orders as above,

the contention on colour blindness with regard to Ext.P3 will also

be considered by the first respondent.

(KURIAN JOSEPH, JUDGE)

(C.T.RAVIKUMAR, JUDGE)
ahg.

KURIAN JOSEPH &
C.T.RAVIKUMAR, JJ.

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W.A.No.1905 of 2009

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JUDGMENT

13th October, 2009