IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 10TH JANUARY 2011 / 20TH POUSHA 1932 WP(C).No. 33761 of 2010(U) -------------------------- PETITIONER(S): --------------- XAVIOUR SEBASTIAN,DETECTIVE INSPECTOR, CRIME BRANCH CID,HURT AND HOMICIDE WING-1, JAWAHAR NAGAR, THIRUVANANTHAPURAM. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY RESPONDENT(S): --------------- 1. STATE OF KERALA,REP.BY THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT(HOME AND VIGILANCE) DEPAPRTMENT,SECRETARIAT,THIRUVANANTHAPURAM, PIN 695 001. 2. SECRETARY TO GOVERNMENT,FOOD CIVIL SUPPLIES AND CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM,PIN 695 001. 3. DEPARTMENTAL PROMOTION COMMITTEE(HIGHER) POLICE DEPARTMENT,REP.BY ITS CONVENER THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT,THIRUVANANTHAPURAM,PIN 695 001. 4. DIRECTOR GENERALA OF POLICE,POLICE HEADQUARTERS,THIRUVANANTHAPURAM,PIN 695 014. GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 33761/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE NOTIFICATION DTD.30.3.2010. P2. COPY OF THE NOTIFICATION DTD.14.9.10. P3. COPY OF THE GOVT. LETTER DTD.5.5.08. P4. COPY OF THE ENDORSEMENT DTD.21.2.07 OF THE SUPDT. OF POLICE, VIGILANCE. P5. COPY OF THE RELEVANT EXTRACT OF THE VIGILANCE ENQUIRY REPORT. P6. COPY OF THE PETITION DTD.5.10.10 TO THE CONVENER, D.P.C. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.33761 of 2010 ================== Dated this the 10th day of January, 2011 J U D G M E N T The petitioner is a Circle Inspector of Police. Although the petitioner was entitled to be included in the select list for promotion to the post of Deputy Superintendent of Police for the year 2009, he was originally overlooked and later, included in the select list for 2009, but with a super-script of the Departmental Promotion Committee that the same is subject to action pending. The petitioner challenges the same on the ground that no action is pending against the petitioner. Therefore, I passed the following order on 3.1.2011; “The learned counsel for the petitioner submits that no action whatsoever is pending which would justify the action of the D.P.C. in inclusion of the petitioner in the select list subject to action pending. The Govt. Pleader shall get instructions as to whether any action disentitling the petitioner for promotion is pending. Post next week.” 2. The learned Government Pleader, today, on instructions, submits that although some actions were pending including a vigilance enquiry, all those proceedings have now been dropped and, therefore, as on today, no action is pending against the petitioner. The learned Government Pleader, therefore, submits that further proceedings pursuant to the select list would be taken shortly, without reference to the superscript of the Departmental Promotion Committee. 3. In the above circumstances, this writ petition is disposed of w.p.c.33761/10 2 with a direction to the 1st respondent to take further action pursuant to the inclusion of the petitioner in the select list for the post of Deputy Superintendent of Police for the year 2009, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge