IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 977 of 2010(V)
1. SUGATHAN, AGED 53 YEARS,
... Petitioner
Vs
1. CHIEF CONSERVATOR OF FOREST
... Respondent
2. SECRETARY,
For Petitioner :SRI.V.M.KRISHNAKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :27/01/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C) NO. 977 OF 2010
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Dated this the 27th day of January, 2010
JUDGMENT
The petitioner is a Junior Superintendent under the Social Forestry
Division, Idukki in the Department of Forest and Wild Life. According to
him, he is rank No.27 in Ext.P1 seniority list and on account of the fact
that all the other persons, except one, have either retired or promoted, for
all practical purposes, he holds rank No.2 in the said list. Two vacancies
in the post of Senior Superintendent arose in the Department in July, 2009.
In the meanwhile, the petitioner was served with Ext.P2 charge memo
containing certain allegations. The apprehension of the petitioner is that in
the light of the pendency of the said disciplinary proceedings, initiated as
per Ext.P2, his name would not be considered for promotion to the post of
Senior Superintendent.
2. Going by Note(i) of Rule 28(b)(i)(7) of Part II of the Kerala State
and Subordinate Services Rules, there cannot be any basis for such an
apprehension. The said provision contemplates the action to be taken in
W.P.(C) NO. 977/2010 2
such a situation. There is no reason to believe that the competent
authorities would not follow the procedures prescribed in the said Rules.
In the circumstances, the Writ Petition is premature and it is
accordingly dismissed.
(C.T. RAVIKUMAR, JUDGE)
sp/
W.P.(C) NO. 977/2010 3
C.T. RAVIKUMAR, J.
W.P.(C) NO. 977/2010
JUDGMENT
27th January, 2010