IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 5TH NOVEMBER 2008 / 14TH KARTHIKA 1930 WP(C).No. 30088 of 2008(F) -------------------------- PETITIONER(S): --------------- N.K.NAGARAJAN, AGED 46 YEARS, (HC 802) S/O THIRUMULLUR GOWDER, NAMBIAR KUNNU P.O., SULTHAN BATHERY, WAYANAD DISTRICT, PRESENTLY WORKING AS ASSISTANT SUB INSPECTOR OF POLICE, NADAPURAM POLICE STATION, KOZHIKODE RURAL DIST, KOZHIKODE. BY ADV. SRI.VIJU THOMAS SMT.M.MEENA JOHN RESPONDENT(S): --------------- 1. ADDITIONAL DIRECTOR GENERAL OF POLICE, KOZHIKODE ZONE, CHAIRMAN DPC, KOZHIKODE. 2. DEPUTY INSPECTOR GENERAL OF POLICE, MEMEBER DPC, KANNUR RANGE, KANNUR. 3. STATE OF KERALA, REP. BY SECRETARY, (HOME0 DEPARTMENT,SECRETARIAT, THIRUVANANTHAPURAM. 4. JOSE, HC-W.844, PRESENTLY PROMOTED AND WORKING AS ASI OF POLICE, CITY KASBA POLICE STATION, KOZHIKODE. BY GOVT. PLEADER SRI.P.NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.30088 of 2008 ------------------------------- Dated this the 5th November, 2008. J U D G M E N T The petitioner is presently working as Assistant Sub Inspector of Police. While he was serving as Head Constable, the punishment of barring of two increments with cumulative effect was imposed on him by the Deputy Inspector General of Police, by order passed on 24.12.2003. On an appeal filed by the petitioner, the Additional Director General of Police modified the punishment and limited it to barring of increment for one year without cumulative effect. The appellate order was passed on 12.1.2005. According to the petitioner, the punishment took effect and the period of one year expired on 12.1.2006. His grievance is that he, therefore, ought to have been considered for promotion to the post of Assistant Sub Inspector of Police, when the Departmental Promotion Committee met on 14.11.2006. The petitioner further contends that when the Departmental Promotion Committee met on 14.11.2006, his case was illegally W.P.(C) No.30088/2008 2 overlooked, on the ground that minor punishment had been imposed on him. Later, he was promoted as Assistant Sub Inspector of Police, as per orders passed in the year 2007. The petitioner has, complaining about his supercession for promotion to the post of Assistant Sub Inspector of Police in the year 2006, submitted Exts.P3 and P5 representations before the Deputy Inspector General of Police, Kannur Range and the Inspector General of Police, North Zone, Kozhikode, respectively. 2. While the matters stood thus, the petitioner's promotion to the post of Assistant Sub Inspector of Police was regularised with effect from 11.10.2007, as per Ext.P6 order dated 30.6.2008. He is also presently included in the select list of Assistant Sub Inspectors of Police fit for promotion as Sub Inspector of Police for the year 2008. Aggrieved by the date of regularisation in the post of Assistant Sub Inspector of Police only with effect from 11.10.2007 and the consequential lowering of his rank in the select list of Assistant Sub Inspectors of Police fit for promotion to the post of Sub Inspector of Police, he has filed W.P.(C) No.30088/2008 3 Ext.P8 representation before the Inspector General of Police, Kannur Range. In this writ petition, the petitioner prays inter alia for a direction to the respondents to include his name in Ext.P2 select list of Head Constables fit for promotion as Assistant Sub Inspectors of Police for the year 2006 and consequently at the appropriate place in Ext.P7 select list of Assistant Sub Inspectors of Police fit for promotion as Sub Inspectors of Police. 3. The authority competent to consider the grievance voiced by the petitioner in this Writ Petition and in Exts.P3, P5 and P8 representations is the Additional Director General of Police, North Zone, Kozhikode, who is also the Chairman of the Departmental Promotion Committee. The petitioner has not yet moved the said authority for redressal of his grievance. The petitioner submits that at the point of time when Exts.P3, P5 and P8 representations were submitted, the Deputy Inspector General of Police, Kannur Range and the Inspector General of Police, North Zone, Kozhikode, were the competent authorities and by a change in the rules, the power to W.P.(C) No.30088/2008 4 redress his grievances stand vested with the Additional Director General of Police, North Zone, Kozhikode. Since the petitioner is yet to move that authority, the reliefs sought for by the petitioner cannot be granted in these proceedings. However, as the petitioner has got a grievance regarding his supercession for promotion to the post of Assistant Sub Inspector of Police and his ranking in Ext.P7 select list, I dispose of this Writ Petition with a direction to the petitioner to file an appropriate representation before the first respondent. This shall be done within a period of one month from today. The first respondent shall, on receipt of such a representation, consider the same and take a decision thereon, in accordance with law, within a period of three months thereafter. The petitioner's contentions on the merits are left open. P.N.RAVINDRAN, JUDGE nj.