IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN THURSDAY, THE 15TH DAY OF DECEMBER 2011/ 24TH AGRAHAYANA 1933 WPC.No. 33574 of 2011 (V) PETITIONER(S) K.S. HALEEL RAHMAN, ASSISTANT TALUK SUPPLY OFFICER, KOTTAYAM. BY ADVS.SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN SMT.MINI.V.A. RESPONDENT(S) 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, FOOD AND CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM - 695 001. 2. THE COMMISSIONER, FOOD AND CIVIL SUPPLIES, THIRUVANANTHAPURAM - 695 001. 3. THE DIRECTOR, FOOD AND CIVIL SUPPLIES, THIRUVANANTHAPURAM - 695 001. 4. THE GOVERNMENT SECRETARY AND CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE FOOD & SUPPLIES, THIRUVANANTHAPURAM - 695 001. 5. THE CIVIL SUPPLIES CORPORATION LTD., MAVELI BHAVAN, GANDHI NAGAR, KOCHI, REPRESENTED BY THE MANAGING DIRECTOR, PIN - 682 036. BY GOVT. PLEADER SRI. T.K. SHAIJ RAJ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15-12-2011 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 33574/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE RELEVANT EXTRACT OF THE SENIORITY LIST. P2: COPY OF THE LETTER DATED 22/09/2010 OF THE 3RD RESPONDENT. P3: COPY OF THE NOTIFICATION DATED 25/03/2011 OF THE 1ST RESPONDENT. P4: COPY OF THE REPRESENTATION DATED 31/03/2011 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P5: COPY OF THE CHARGE MEMO ISSUED TO THE PETITIONER DATED 12/10/2010 BY THE 2ND RESPONDENT. P6: COPY OF THE REPLY TO THE EXT. P5 SUBMITTED BY THE PETITIONER. P7: COPY OF THE LETTER DATED 18.11.2010 OF THE REGIONAL MANAGER ALONG WITH THE REPORT OF THE TALUK SUPPLY OFFICER, THODUPUZHA. P8: COPY OF THE LETER DATED 29/04/2009 FROM THE SUPERINTENDENT MEDICAL COLLEGE KOTTAYAM. P9: COPY OF THE LETTER DATED 06/01/2010 FROM THE SUPERINTENDENT MEDICAL COLLEGE KOTTAYAM. P10: COPY OF THE JUDGMENT DATED 02/06/2011 IN WPC. NO.11552/2011 OF THIS HONOURABLE COURT. P11: COPY OF THE PROCEEDINGS NO.(CS)C2-376/2008 DATED 08/08/2011 OF THE 3RD RESPONDENT. P12: COPY OF THE APPEAL DATED 16/08/2011 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A. TO JUDGE. svs K.SURENDRA MOHAN, J. = = = = = = = = = = = = WP(C).No.33574 of 2011. = = = = = = = = = = = = Dated this the 15th December, 2011. J U D G M E N T The petitioner is an Assistant Taluk Supply Officer. He is due for promotion to the higher post of Taluk Supply Officer. According to the petitioner, he has been eligible for such promotion from April, 2011 onwards. 2. Earlier, the petitioner had been deputed to the Kerala State Civil Supplies Corporation. With respect to the period of service that he had put in under the Kerala State Civil Supplies Corporation, disciplinary proceedings were initiated against him. The disciplinary proceedings have culminated in Ext.P11 order by which an amount of Rs.4,93,752.98 has been directed to be remitted by him to the Kerala State Civil Supplies Corporation. The petitioner's name has not been included in the select list for promotion by the Departmental Promotion Committee for the reason that the disciplinary proceedings were pending WP(C).No.33574/2011 2 against him. Ext.P3 is the said select list. The petitioner has filed Ext.P12 statutory appeal against the punishment imposed on him by Ext.P11. He complains that no orders have been passed thereon till date. 3. He had earlier approached this Court by filing WP (C).No.11552/2011 which has been disposed of by Ext.P10. In Ext.P10, though it was directed that the Civil Supplies Corporation shall forward to the Commissioner, Food and Civil Supplies, Thiruvananthapuram their remarks within a period of three weeks from the date of receipt of a copy of the judgment and that the disciplinary proceedings against him shall be completed within a period of three weeks therefrom, no such remarks were obtained, it is alleged. All on a sudden, the disciplinary proceedings were completed by Ext.P11 punishing him. 4. According to the petitioner, the non-inclusion of his name in Ext.P3 select list is absolutely uncalled for and without any justification whatsoever. The petitioner who WP(C).No.33574/2011 3 has been imposed only with a minor punishment has every right to be included in the select list considering the fact that as conceded in Ext.P11, there are no records to show any culpable conduct on his part. The petitioner is due to retire on 31.3.2012. Therefore, the denial of his promotion by the Departmental Promotion Committee is, according to him, unsustainable and liable to be set aside. 5. I have heard the learned Govt.Pleader also. 6. In view of the fact that Ext.P12 statutory appeal is pending before the first respondent, it is only appropriate that the contentions of the petitioner are considered by the appellate authority, in the first instance. The petitioner has also prayed in Ext.P12 that a review meeting of the Departmental Promotion Committee be convened to consider his claim for promotion. The petitioner has submitted Ext.P4 for the above purpose, which is also pending before the first respondent. In the above circumstances, I am of opinion that this writ petition can be WP(C).No.33574/2011 4 disposed of directing Exts.P4 and P12 to be considered, without any delay. 7. This writ petition is accordingly disposed of directing the first respondent to consider the contentions of the petitioner set out in Ext.P12 as well as his request Ext.P4, in accordance with law and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of six weeks from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-