IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN FRIDAY, THE 25TH NOVEMBER 2011 / 4TH AGRAHAYANA 1933 WP(C).No. 28824 of 2011(C) ----------------------------------------- PETITIONER(S): ---------------------- K.GOPALAKRISHNA, SENIOR SUPERINTENDENT (INSPECTION WING), COLLECTORATE,KANNUR BY ADVS. SRI.P.M.PAREETH SRI.MOHAMMED SHAMEEL RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM - 695 001 2. COMMISSIONER OF LAND REVENUE & CONVENER DEPARTMENTAL PROMOTION COMMITTEE(LOWER) REVENUE DEPARTMENT,PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM-33 3. DISTRICT COLLECTOR, KANNUR 670 001 R1 TO R3 BY GOVT.PLEADER SRI.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: NK WP(C).No. 28824 of 2011(C) -------------------------------------- APPENDIX PETITIONER(S) EXHIBITS P1 PHOTOCOPY OF THE PROCEEDINGS DATED 04-06-09 ISSUED BY THE ADDITIONAL COMMISSIONER OF LAND REVENUE REINSTATING THE PETITIONER AFTER SUSPENSION P2 PHOTOCOPY OF THE PROCEEDINGS DATED 15-05-10 ISSUED BY THE SECOND RESPONDENT PROMOTING THE PETITIONER TO THE POST OF SENIOR SUPERINTENDENT P3 PHOTOCOPY OF THE G.O.(RT) NO.2022/2011/RD DATED 11-03-11. P3(a) PHOTOCOPY OF THE REPRESENTATION DATED 23-05-2011 SUBMITTED BEFORE THE GOVERNMENT P4 PHOTOCOPY OF THE G.O(RT) NO.3599/11/RD DATED 27-08-2011 P5 PHOTOCOPY OF THE REPRESENTATION DATED 10-10-11 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT. RESPONDENT(S) EXHIBITS : NIL // TRUE COPY// P.A.TO JUDGE NK K. SURENDRA MOHAN, J. ------------------------------------------------------------ W.P(C) NO: 28824 OF 2011 ----------------------------------------------------------- Dated this the 25th November, 2011. JUDGMENT The petitioner entered service as a lower division clerk in 1976. Thereafter by successive promotions the petitioner was promoted as a Deputy Tahsildar in the year 2002. He was placed under suspension on 14-7-2008 for alleged misconduct committed on 2-8-1999. Subsequently he was reinstated in service on 4-6-2009 by the second respondent pending disciplinary proceedings. Thereafter he was provisionally promoted as Tahsildar and is now working as a Senior Superintendent with effect from 18-5-2010. As per Ext.P3 the disciplinary proceedings against the petitioner were finalised. He has been awarded a punishment of barring of one increment without cumulative effect. The present grievance of the petitioner is that even though the disciplinary proceedings were finalised, no orders have been passed regularising his period of suspension. For the above reason, his confidential reports have not been forwarded to the second respondent for being considered for promotion. The petitioner therefore seeks the issue of appropriate orders in this regard. WPC 28824/2011 2 2. Though the Govt. Pleader had been directed to get instructions, he has not been able to get any instructions. The counsel for the petitioner submits that the Departmental Promotion Committee is about to be convened and therefore, it is necessary that appropriate orders are passed regularising the period of his suspension without delay and to grant him the promotion to which he is entitled. He is also due to retire on 31-3-2012. 3. In the above circumstances this writ petition is disposed of directing the first respondent to pass appropriate orders on the basis of Ext.P3, regularising the period of suspension of the petitioner from 14-7-2008 to 10-6-2009, as expeditiously as possible and at any rate within a period four weeks from the date of receipt of a copy of this judgment. Sd/- K. SURENDRA MOHAN Judge jj P.S.to Judge WPC 28824/2011 3