IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 6TH APRIL 2010 / 16TH CHAITHRA 1932 WP(C).No. 11705 of 2010(K) -------------------------- PETITIONER(S): --------------- K.M.PATHROSE, COMMECIAL TAX INSPECTOR, OFFICE OF THE COMMERCIAL TAX OFFICER, FELICITATION CENTRE WILLINGTON ISLAND. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): --------------- 1. THE COMMISSIONER OF COMMERCIAL TAXES COMMISSIONERATE OF COMMERCIAL TAXES THIRUVANANTHAPURAM, PIN 695 033. 2. INSPECTING ASSISTANT COMMISSIONER (INTELLIGENCE) OFFICE OF THE INSPECTING ASSISTANT COMMISSIONER (INTELLIGENCE) COMMERCIAL TAXES, THRISSUR. GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 11705 of 2010 K ``````````````````````````````````````````````````````` Dated this the 6th day of April, 2010 J U D G M E N T The petitioner is a Commercial Tax Inspector working under the Commercial Taxes Department. Earlier, disciplinary proceedings were initiated against him as per Ext.P1 memo of charges dated 23-01-2009. On receipt of Ext.P1, the petitioner has submitted Ext.P2 denying all the allegations levelled against him. Thereafter, as per Ext.P3, an enquiry officer was appointed. On 19-11-2009, the petitioner appeared before the enquiry officer and his statement was recorded. The grievance of the petitioner is that though his statement was recorded as early as on 19-11- 2009, so far no orders have been passed in the matter of finalisation of the disciplinary proceedings initiated against him. The delay in the matter of finalisation of the disciplinary proceedings would adversely affect his promotional prospects, it is submitted. It is in the said circumstances this writ petition has been filed by the petitioner. 2. Ext.P4 would reveal that in respect of the allegations WPC.11705/2010 : 2 : raised as per Ext.P1 memo of charges, the enquiry officer had conducted the enquiry. Since the enquiry was thus conducted on 19-11-2009, there is no reason for delaying issuance of final orders in the disciplinary proceedings initiated against the petitioner, especially when the pendency of such proceedings is turning detrimental to the petitioner in the matter of his promotional prospects. According to the petitioner, he is sufficiently senior to get included in the select list to the promotion post of Commercial Tax Officer. In the circumstances, this writ petition is disposed of with a direction to the 1st respondent to finalise the disciplinary proceedings, after obtaining report from the 2nd respondent, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. The petitioner may produce a copy of this judgment so as to enable the 1st respondent to comply with the above directions. (C.T.RAVIKUMAR, JUDGE) aks