IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 31ST MARCH 2010 / 10TH CHAITHRA 1932 WP(C).No. 11151 of 2010(T) -------------------------- PETITIONER(S): --------------- MD. KABEER.K.U. CONSTABLE/GD, NO.884521712 CISF UNIT, KOCHI AIRPORT(CIAL), NEDUMBASSERY, KOCHI. BY ADV. SRI.N.JAMES KOSHY RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL, CISF HEADQUARTERS 13, CGO'S COMPLEX, LODHI ROAD, NEW DELHI-3. 2. THE ADDITIONAL DIRECTOR GENERAL, CISF AIRPORT SECTOR, BLOCK NO.13, CGOS COMPLEX, LODHI ROAD, NEW DELHI. 3. THE DEPTY INSPECTOR GENERAL, CISF AIRPORT ZONE (SZ) 2ND FLOOR, RAJAJI BHAVAN, BESANT NAGAR, CHENNAI-90. 4. THE COMMANDANT, CISF UNIT, COCHIN AIRPORT (CIAL) NEDUMBASSERY, KOCHI. 5. UNION OF INEDIA REPRESENTED BY SECRETARY, MINISTRY OF HOME AFFAIRS, NORTH BLOCK, NEW DELHI-1. SRI.T.P.M.IBRAHIM KHAN, ASG OF INDIA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 11151 of 2010 T ``````````````````````````````````````````````````````` Dated this the 31st day of March, 2010 J U D G M E N T The petitioner is a Constable under the Central Industrial Security Force. Earlier, he was considered for promotion to the post of Head Constable. Ext.P3 would reveal that after such consideration he was included in the list and was ordered to be promoted as Head Constable. However, the said order of promotion was not implemented on account of pendency of disciplinary proceedings initiated against the petitioner. In the said context, Ext.P4 seems to be relevant. In Ext.P4, it is stated thus:- “ 2. Since in the midst of the above happenings Const. Md.Kabeer was also earmarked for promotion-cum-posting to the rank of HC/GD, the matter was taken up with DIG/SZ HQrs Chennai for clarification as to whether the individual can be given promotion or otherwise. It was directed by DIG/SZ HQrs Chennai vide E-31014/PCP/Const-HC(GC)/ E1/SZ/09/4377 dated 25-06-09, to keep the promotion order in abeyance till the finalization of the disciplinary proceeding as ordered by WPC.11151/2010 : 2 : Hon'ble High Court of Madras. In compliance with the direction Const. Md.Kabeer has not been promoted to the rank of HC/GD.” 2. It is obvious from Ext.P4 that the order promoting the petitioner was kept in abeyance till the finalization of the disciplinary proceedings. It be so, the respondents are bound to consider the claim of the petitioner for implementation of Ext.P3 subject to the result of the disciplinary proceedings. Ext.P5 is the order passed by the competent authority in the disciplinary proceedings initiated against the petitioner. It would reveal that the disciplinary proceedings initiated against the petitioner culminated only in a punishment of censure. Indisputably, a penalty of censure cannot stand in the way of the entitlement of promotion of an employee. As noticed hereinbefore, after considering the eligibility of the petitioner for promotion, he was ordered to be posted subject to the result of the disciplinary proceedings. Since the punishment imposed as per Ext.P5 is not a reason for withholding the order of promotion, I am of the view that the petitioner is entitled to get the promotion as ordered in Ext.P3. The grievance of the petitioner is that in the meanwhile WPC.11151/2010 : 3 : several of his juniors were promoted. However, I am of the view that implementation of Ext.P3 would redress the grievance of the petitioner. Therefore, there will be a direction to the competent among the respondents to take appropriate steps for implementation of Ext.P3, within a period of one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (C.T.RAVIKUMAR, JUDGE) aks