IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 7TH DAY OF DECEMBER 2011/16TH AGRAHAYANA 1933 WPC.No. 31261 of 2011 (G) PETITIONER(S) 1 B.RETNAKARAN SON OF BALAKRISHNAN AGED 54 YEARS JOINT DIRECTOR OF CO-OPERATIVE SOCIETIES/ CONCURRENT AUDITOR DISTRICT CO-OPERATIVE BANK LTD. PALAKKAD DISTRICT. BY ADVS. SRI. V. A. MUHAMMED SRI. K. E. HAMZA SRI. V. RAJASEKHARAN NAIR RESPONDENT(S) 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT DEPARTMENT OF CO-OPERATION SECRETARIAT THIRUVANANTHAPURAM- 695 001. 2 THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM- 695 001. R1 BY GOVT. PLEADER SRI. B. M. ADBUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: PN WPC.No. 31261 of 2011 (G) APPENDIX PETITIONER'S EXHIBITS EXT. P1 COPY OF THE MEMO OF CHARGES NO. V(1)/57003/10 OF THE REGISTRAR ALONG WITH STATEMENT OF ALLEGATIONS. EXT. P2 COPY OF THE LETTER NO. EA (7)/4637/2011 OF THE REGISTRAR ALONG WITH NOTES FOR THE MEETING. EXT. P3 COPY OF THE EXPLANATION OF THE PETITIONER. EXT. P4 COPY OF THE NOTIFICATION G.O.(MS) NO. 157/2011/CO-OP. OF THE GOVERNMENT. EXT. P5 COPY OF THE REPRESENTATION SUBMITTED BEFORE THE GOVERNMENT. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P. A. TO JUDGE PN K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 31261 OF 2011 ----------------------------------------------------------- Dated this the 7th December, 2011. JUDGMENT The petitioner is working as a Joint Registrar of Co-operative Societies. He was promoted to the said post on 4-10-2008. According to the petitioner, he is eligible for promotion to the next higher post of Additional Registrar of Co-operative Societies. A Departmental Promotion Committee (Higher) (DPC for short) was held on 22-10-2011. However, the name of the petitioner was not considered by the said DPC. The reason for not considering the petitioner is that disciplinary proceedings are initiated against him alleging that he had not taken action against the Secretary of Cotton Hill School Employees Co-operative Society against whom there were allegations of misappropriation of funds. According to the Government, action taken against the said person is not satisfactory. Therefore, a memo of charges has been served on him to which he has submitted Ext.P3 explanation. 2. It is the contention of the petitioner that he was not liable to be excluded from the DPC on the ground that disciplinary proceedings were pending against him. According to the counsel, the sealed cover procedure should have been adopted and his name WPC 31261/2011 2 ought to have been considered. By reason of non-consideration of his name, the petitioner contends that Ext.P4 list is vitiated and liable to be set aside. The petitioner has submitted his statutory objections to Ext.P4, which is Ext.P5. The petitioner complains that no orders have passed on the objections submitted by him till date. The petitioner therefore seeks the issue of appropriate directions to the first respondent to consider and pass orders on Ext.P5. 3. I have heard the learned Govt. Pleader also. 4. In view of the limited relief that is claimed, I am of opinion that this writ petition can be disposed of directing the first respondent to consider and pass orders on Ext.P5 objections of the petitioner. 5. This writ petition is accordingly disposed of directing the first respondent to consider Ext.P5 objections of the petitioner to Ext.P4 DPC list in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 31261/2011 3