IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 10TH AUGUST 2010 / 19TH SRAVANA 1932 WP(C).No. 10755 of 2010(T) ------------------------------------ PETITIONER(S): ---------------------- N.K.RAVEENDRANATHAN JOINT REGIONAL TRANSPORT OFFICER REGIONAL TRANSPORT OFFICE CIVIL STATION, KAKKANAD, ERNAKULAM. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR SRI.S.PRASANTH (AYYAPPANKAVU) RESPONDENT(S): ------------------------ 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) REPRESENTED BY THE CONVENER AND SPECIAL SECRETARY TO GOVT, TRANSPORT DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE TRANSPORT COMMISSIONER, KERALA THIRUVANANTHAPURAM. GOVERNMENT PLEADER MR.ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 10755 of 2010 APPENDIX Petitioner's Exhibits :- Ext.P1 :- Copy of G.O.(Rt)No.411/2006/Tran. Dated 27.11.2006. Ext.P2 :- Copy of order No.A1-7259/TC/2006 dated 1-12-2006 of the 3rd respondent. Ext.P3 :- Copy of first page of the seniority list of Motor Vehicle Inspectors as on 1-1-2005. Ext.P4 :- Copy of Memo of Charges dated 10-11-2008 issued by the 1st respondent. Ext.P5 :- Copy of Explanation dated 12-12-2008 submitted by the petitioner. Ext.P6 :- Copy of Memo of Charges dated 14-8-2009 issued by the 1st respondent. Ext.P7 :- Copy of Explanation dated 29-10-2009 submitted by the petitioner. Ext.P8 :- Copy of judgment dated 18-6-2009 in W.P.(C)No.32228/2008. Ext.P9 :- Copy of select list for promotion to the post of RTO/Assistant Transport Commissioner published as per Notification dated 9-7-2010. Ext.P10 :- Copy of Reply No.4249/C3/2010/Trans. Dated 24-7-2010 of the 1st respondent to the petitioner. Respondent's Exhibits :- NIL //True Copy// P.A. To Judge ANTONY DOMINIC, J. ~~~~~~~~~~~~~~~ W.P.(C) No.10755 of 2010 ~~~~~~~~~~~~~~~~~~ Dated this the 10th day of August 2010 J U D G M E N T While working as Motor Vehicle Inspector, by Ext.P1 Government Order dated 27.11.2006, petitioner was promoted to the post of Joint Regional Transport Officer. Petitioner joined to the promoted post on 8.12.2006 and completed the period of probation on 7.12.2007. However, for the reason that, Exts.P4 and P6 charge sheets were issued to the petitioner on 10.11.2008 and 14.8.2009 respectively, probation was not declared and in the DPC, petitioner's claim for inclusion in the select list for the higher post was also not considered. It was in these circumstances, the writ petition was filed for directing the W.P.(C) No.10755 of 2010 -: 2 :- 1st respondent to declare that the petitioner had satisfactorily completed the probation and to convene an adhoc DPC to consider his claim for further promotion to the category of Regional Transport Officer/Assistant Transport Commissioner. 2. At the time, when this writ petition was admitted, this Court had passed an interim order dated 6.4.2010 on the basis that Exts.P4 and P6 charge sheets were imposition of minor penalties and that a review DPC has to be convened and the petitioner should be considered for inclusion in the select list for higher post. 3. According to the petitioner, a review DPC was held on 18.6.2010 and Ext.P9 select list was published on 9.7.2010 and that the petitioner was once again superseded. According to him, among those to be promoted, serial No.7 onwards are his juniors. He has now been informed by Ext.P10 that on account of pendency of the disciplinary actions, his probation has not been declared W.P.(C) No.10755 of 2010 -: 3 :- and it was therefore decided to be superseded. 4. In the affidavit filed by the petitioner along with I.A.No.10956 of 2010, petitioner states that 2nd respondent has already recommended to the 1st respondent by letters dated 24.3.2010 and 23.4.2010 to drop the two disciplinary proceedings pending against the petitioner. If that be so, what is needed is that the 1st respondent should pass orders finalizing the disciplinary actions. 5. Having regard to the above, I direct the 1st respondent to finalize the disciplinary proceedings initiated against the petitioner by Exts.P4 and P6 memo of charges and final orders in the matter shall be passed as expeditiously as possible, at any rate, within six weeks from the date of production of a copy of this judgment. It is also directed that once orders are passed in the matter, necessary steps for declaring his probation and his claim for inclusion in the select list shall be considered and final orders in the matter shall be passed within two months W.P.(C) No.10755 of 2010 -: 4 :- thereafter. 6. Petitioner shall produce a copy of this judgment along with a copy of the writ petition to the 1st respondent for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE. Jvt