High Court Kerala High Court

T.Ashok Kumar vs State Of Kerala on 8 June, 2010

Kerala High Court
T.Ashok Kumar vs State Of Kerala on 8 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 12245 of 2010(E)


1. T.ASHOK KUMAR,
                      ...  Petitioner

                        Vs



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

2. DPC (FISHERIES DEPARTMENT),

3. DEPARTMENT OF FISHERIES,

4. DIRECTOR OF FISHERIES,

                For Petitioner  :SRI.P.V.JYOTHI PRASAD

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :08/06/2010

 O R D E R
                         ANTONY DOMINIC, J.
                   -------------------------
                   W.P.(C.) No.12245 of 2010 (E)
              ---------------------------------
                Dated, this the 8th day of June, 2010

                            J U D G M E N T

The petitioner is Assistant Registrar of Fisheries, aspiring

promotion to the post of Deputy Registrar of Fisheries. Vacancy in

the higher post arose on 31/03/2010. Departmental Promotion

Committee was convened on 29/03/2010. Complaining that

though his case was considered, for no valid reason his junior is

going to be promoted, this writ petition was filed.

2. On behalf of the 1st respondent a statement has been

filed. It is stated that though the name of the petitioner along with

three others were considered by the DPC, it was decided not to

recommend the name of the petitioner for promotion to the post of

Deputy Registrar of Fisheries on the ground that the Deputy Director

of Fisheries, Kozhikkode vide Annexure R1(a) letter reported that

disciplinary proceedings are initiated against the petitioner on

allegation of financial irregularities. It is stated that the proceedings

are pending and it is because of the pendency of the proceedings,

WP(C) No.12245/2010
-2-

his junior Smt.K.K.Sulochana was considered and recommended for

promotion.

3. Even if the averments in the statement are accepted, fact

remains that even during the pendency of disciplinary proceedings,

an Officer is eligible to be considered for promotion and in such a

case, what is to be done is to adopt sealed cover procedure. In this

case, the statement filed on behalf of the 1st respondent discloses

that such a course of action was not adopted. Therefore,

necessarily, it calls for convening of review DPC. Accordingly, the

2nd respondent is directed to convene a review DPC and consider the

case of the petitioner for promotion adopting the sealed cover

procedure in his case. This shall be done as expeditiously as

possible, at any rate, within one month of production of a copy of

this judgment.

4. At the same time, disciplinary proceedings initiated

against the petitioner, which was the reason stated for the

petitioner’s supersession, also has to be finalised. Going by the

statement, as memo of charges was served on the petitioner on

15/01/2008, necessarily, the proceedings has to be expedited.

WP(C) No.12245/2010
-3-

Taking into account the submission made by the learned counsel for

the petitioner that his explanation to the memo of charges has

already been filed, it is directed that the 4th respondent shall take

steps for expeditious completion of the disciplinary proceedings

initiated against the petitioner and that the same shall be

concluded, at any rate, within three months of production of a copy

of this judgment.

The petitioner shall produce a copy of this judgment before

respondents 2 & 4 for compliance.

This writ petition is disposed of as above.

Sd/-

(ANTONY DOMINIC, JUDGE)
jg
//TRUE COPY//

PA TO JUDGE.