IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 11TH DECEMBER 2008 / 20TH AGRAHAYANA 1930 WP(C).No. 34414 of 2008(V) -------------------------- PETITIONER(S): --------------- MATHEW EXCEL, DETECTIVE INSPECTOR, CBCID SIG II, ERNAKULAM. BY ADV. SRI.BRIJESH MOHAN RESPONDENT(S): --------------- 1. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT (HOME AND VIGILANCE) AND CONVENOR, DPC (HIGHER) FOR POLICE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, KERALA, THIRUVANANTHAPURAM. 3. THE ADDL. DIRECTOR GENERAL OF POLICE, (CRIMES), THIRUVANANTHAPURAM. 4. THE INSPECTOR GENERAL OF POLICE (CRIMES) THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.34414 of 2008 ------------------------------- Dated this the 11th December, 2008. J U D G M E N T Heard Sri.Brijesh Mohan, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner was directly recruited as Sub Inspector of Police in the General Executive Branch in the year 1989. He was promoted to the category of Circle Inspector of Police on 9.1.2002. In the year 2005, the third respondent initiated disciplinary action against the petitioner. After enquiry, the third respondent issued Ext.P1 show cause notice dated 31.5.2007 calling upon the petitioner to show cause why the punishment of postponement of increment for three years with cumulative effect should not be imposed on him. The petitioner submitted his reply. The Inspector General of Police, the fourth respondent herein, an authority lower in rank to third respondent thereafter passed Ext.P2 order dated 15.11.2007 imposing on the W.P.(C) No.34414/2008 2 petitioner the punishment of postponement of increments for next two years with cumulative effect. When the Director General of Police came to know that the fourth respondent had finalised the disciplinary proceedings, he directed cancellation of Exts.P1 and P2 and they were accordingly cancelled by Exts.P3 and P4 orders issued on 7.6.2008. Thereafter, as directed by the Director General of Police, the fourth respondent issued Ext.P5 show cause notice dated 7.6.2008 calling upon the petitioner to show cause why the punishment of barring of increments with cumulative effect for a period of two years should not be imposed on him. The petitioner submitted his reply. Thereafter, by Ext.P6 order passed on 10.7.2008, the fourth respondent imposed on the petitioner the punishment of 'Censure'. 3. In the meanwhile, the Departmental Promotion Committee (Higher) constituted to prepare the select list of Circle Inspectors of Police fit for promotion to the category of Deputy Superintendent of Police for the year 2006 (vacancies of 2007) W.P.(C) No.34414/2008 3 met on 10.5.2007. The petitioner's case was not considered as he was facing disciplinary action. Pursuant to the decision taken by the Departmental Promotion Committee on 10.5.2007, Ext.P7 select list was published in the Official Gazette dated 28.5.2007. Based on Ext.P7 select list, the petitioner's juniors were also promoted. After the punishment of censure was imposed on the petitioner by Ext.P6 order dated 10.7.2008, he submitted Ext.P8 representation dated 17.7.2008 before the Convenor of the Departmental Promotion Committee requesting that as the punishment awarded is only censure, his claim for inclusion in the select list for the year 2006 (vacancies of 2007) may be considered. The petitioner submits that the original of Ext.P8 was submitted before the third respondent, who in turn has forwarded it along with Ext.P9 letter to the second respondent for onward transmission to the Government. In this writ petition, the petitioner inter alia prays for a direction to the first respondent to convene an Adhoc Departmental Promotion Committee to consider his request for inclusion at the appropriate place in Ext.P7 select list. W.P.(C) No.34414/2008 4 4. The pleadings disclose that the Departmental Promotion Committee (Higher) constituted to prepare the select list of Circle Inspectors of Police fit for promotion to the category of Deputy Superintendent of Police met on 10.5.2007. At that time, the petitioner was facing disciplinary action and therefore he was not considered fit for promotion and superceded by his juniors. The disciplinary action initiated against the petitioner was finalised only by Ext.P6 order passed on 10.7.2008. The select list prepared pursuant to the meeting of the Departmental Promotion Committee held on 10.5.2007 was published in the Official Gazette on 28.5.2007. Since the disciplinary action was finalised only long thereafter, as noticed by a Division Bench of this Court in W.A.No.240 of 2000 (Ext.P11), the petitioner could not have represented against his non-inclusion in Ext.P7 select list. He became eligible only when Ext.P6 order finalising the disciplinary proceedings was passed. Immediately thereafter, he moved the Convenor of the Departmental Promotion Committee in Ext.P8 representation seeking a review of the select list. In these circumstances, in the light of the decision of the Division W.P.(C) No.34414/2008 5 Bench of this Court in W.A.No.240 of 2000, the Government is bound to convene an Adhoc Departmental Promotion Committee to examine the request made by the petitioner in Ext.P8 for inclusion in Ext.P7 select list. In the result, I dispose of this Writ Petition with a direction to the first respondent to convene an Adhoc Departmental Promotion Committee to consider the request made by the petitioner in Ext.P8 and take a decision thereon. The Departmental Promotion Committee shall be convened and decision taken in the matter within three months from the date of receipt of a copy of this judgment. The Departmental Promotion Committee shall while disposing of Ext.P8 representation follow the procedure prescribed in Rule 28(b)(i)(8) of the Part II of K.S. & S.S.R. P.N.RAVINDRAN, JUDGE nj.