IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 12414 of 2008(C) ----------------------------------------- PETITIONER(S): -------------------------- K.K.MOHANDAS, AGED 53 YEARS, S/O.KARUPPAN, KARIMPANACKAL HOUSE, KORATTY NOW WORKING AS DEPUTY TAHSILDAR, COLLECTORATE, MALAPPURAM. BY ADV. SRI.T.A.UNNIKRISHNAN SRI.P.P.BIJU RESPONDENT(S): ----------------------------- 1. THE GOVERNMENT OF KERALA, REP. BY SECRETARY, REVENUE DEPARTMENT. 2. THE LAND REVENUE COMMISSIONER, TRIVANDRUM. 3. THE DISTRICT COLLECTOR, THRISSUR. R1 TO R3 BY GOVERNMENT PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.12414/2008C APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE CHARGE SHEET NUMBER 8/2007 SUBMITTED BEFORE THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, THRISSUR. EXT.P2: COPY OF THE ORDER DTD. 15/12/2007 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE REPLY DTD. 6/2/2008 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.12414/2008-C ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 J U D G M E N T The petitioner is aggrieved by the denial of due promotion to the post of Tahsildar. According to him, the pendency of a criminal case has been treated as a reason for not considering him for promotion. He entered service in the year 1981 as Lower Division Clerk and thereafter was promoted as Upper Division Clerk in the year 1984, as Village Officer/Head Clerk in the year 2000 and Junior Superintendent 2003. In the select list he is holding rank No.86. According to him, all juniors in the rank list have been promoted as Tahsildars. 2. It is clear from the statement filed by the respondents that the petitioner was suspended from service in a case which was initiated pursuant to the allegation of receipt of bribe. The Director of Vigilance and Anti-Corruption Bureau had informed that he has also been arrayed as an accused and the case is pending for trial. According to the respondents, since the Vigilance case registered against the petitioner is still pending, the W.P.(C) No.12414/2008 -:2:- petitioner is not eligible to be promoted as Tahsildar under Note iii to Rule 28 (b)(i)(7) of Part II KS & SSR. 3. This Court by order dated 25/11/2008 was pleased to call for a report from the Enquiry Commissioner & Special Judge, Thrissur whether the charge has been framed against the petitioner in CC No.19/2007. As per letter dated 27/11/2008, it has been informed by the learned Special Judge that charge has not been framed in C.C.No.19/2007. The legal position in this matter is covered by various decisions of this Court including a recent decision of this Court in Sasidharan v.State of Kerala [2008 (4) KLT 149]. It has been laid down that the right to get the name included in the select list for promotion of a person who is involved in a vigilance case, cannot be denied if the charge sheet has not been laid. It has been made clear that the embargo in the inclusion of a person who faces a vigilance proceedings, from being included in the select list for promotion to a selection post would arise only after a charge sheet is drawn up by Vigilance Court in that regard. In the light of the said dictum, the petitioner is entitled to succeed in this writ petition. 4. Therefore, there will be a direction to the second respondent to pass appropriate orders in accordance with the relevant provisions, to grant W.P.(C) No.12414/2008 -:3:- promotion to the petitioner in the post of Tahsildar. The same shall be done within a period of one month from the date of receipt of the copy of this judgment. The entitlement of the petitioner for promotion from the date of which his immediate junior was promoted shall also be considered. The writ petition is allowed as above. (T.R. Ramachandran Nair, Judge.) ms