IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 19TH AUGUST 2011 / 28TH SRAVANA 1933 WP(C).No. 14581 of 2011(W) -------------------------- PETITIONERS: --------------- SHAJI GEORGE, ASSISTANT DIRECTOR, THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY, HEAD OFFICE, PANAMPILLY NAGAR, ERNAKULAM, KOCHI-682036. BY ADV. SRI.P.C.SASIDHARAN RESPONDENTS: --------------- 1. THE MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY, REPRESENTED BY ITS SECRETARY, MPEDA HOUSE, PANAMPILLY AVENUE, KOCHI-36. 2. CHAIRMAN, MARINE PRODUCTS EXPORT DEVELOPMENT AUTHORITY, MPEDA HOUSE, PANAMPILLY AVENUE, KOCHI-36. *Addl. 3. THE SECRETARY, MINISTRY OF COMMERCE AND INDUSTRY, DEPARTMENT OF COMMERCE, UDYOG BHAVAN, NEW DELHI - 110 011 (ADDL. R3 IMPLEADED AS PER ORDER IN I. A. NO.13782/2011 DATED 19.8.2011) ADV. SRI.JOY JOSEPH(KOTTAYAM) FOR R SRI.V.ABRAHAM MARKOS FOR R SRI.MATHEWS K.UTHUPPACHAN FOR R SRI.BINU MATHEW FOR R SRI.TERRY V.JAMES FOR R SRI.B.J.JOHN PRAKASH FOR R SRI.TOM THOMAS (KAKKUZHIYIL) FOR R THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 14581 of 2011(W) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE SELF APPRAISAL REPORTS OF THE PETITIONER ALONG WITH THE REMARKS OF THE REPORTING, REVIEWING AND ACCEPTING AUTHORITIES FOR THE PERIOD ENDING 1.4.2009 TO 30.8.2009 EXT.P1(a) : TRUE COPY OF THE SELF APPRAISAL REPORTS OF THE PETITIONER ALONG WITH THE REMARKS OF THE REPORTING, REVIEWING AND ACCEPTING AUTHORITIES FOR THE PERIOD ENDING 1.9.2009 TO 31.3.2010 EXT.P2 : TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 21.3.2011 EXT.P3 : TRUE COPY OF THE REPRESENTATION/APPEAL FILED BEFORE THE 3RD RESPONDENT DATED 07.07.2011 EXT.P4 : TRUE COPY OF THE REPRESENTATION/APPEAL FILED BEFORE THE 3RD RESPONDENT DATED 07.07.2011 RESPONDENTS' EXHIBITS: EXHIBIT-R1(a) : TRUE COPY OF ORDER DATED 30.5.2011 PASSED BY THE 2ND RESPONDENT EXHIBIT-R1(b) : TRUE COPY OF PROCEEDINGS OF THE DEPARTMENTAL PROMOTION COMMITTEE(DPC)DATED 23.2.2011 EXHIBIT-R1(c) : TRUE COPY OF PROMOTION ORDER DATED 1.6.2011 OF MR.ANIL KUMAR EXHIBIT-R1(d) : TRUE COPY OF PROMOTION ORDER DATED 1.6.2011 OF MR.K.MURALIDHARAN EXHIBIT-R1e) : TRUE COPY OF JUDGMENT DATED 30.3.2011 PASSED BY THIS HONOURABLE COURT IN W.P.(C) NO.6252/2011 //TRUE COPY// P.A. TO JUDGE jma C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C)No. 14581 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 19th day of August, 2011 J U D G M E N T The petitioner is presently working as Assistant Director under the first respondent. This writ petition has been filed mainly with a prayer to quash the adverse remarks made against him in the confidential reports and to declare that adverse remarks made against the petitioner could not be relied on by the Departmental Promotion Committee since it was not communicated to the petitioner at the time when the Department Promotion Committee was convened. Subsequent to the institution of this writ petition the petitioner has filed Exts.P3 and P4 representations. In fact, Ext.P3 is an appeal filed against the rejection of application for expunging the adverse remarks. It is pending before the 3rd respondent. Ext.P4 is the representation filed against the supersession in the matter of promotion to the post of Deputy Director. The said representation is also pending before the 3rd respondent. In the said circumstances, without making any observation as to the merits of the claims and contentions of the petitioner WPC.No.14581/2011 : 2 : this writ petition is disposed of with a direction to the 3rd respondent to consider and pass orders on Exts.P3 and P4, in accordance with law, expeditiously, at any rate, within period of two months from the date of receipt of copy of this judgment. The petitioner shall also be afforded with an opportunity of being heard before taking a decision on Exts.P3. SD/- (C.T. RAVIKUMAR, JUDGE) jma //TRUE COPY// P.A TO JUDGE