IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 22ND MARCH 2011 / 1ST CHAITHRA 1933 WP(C).No. 7840 of 2011(D) ------------------------- PETITIONER(S): --------------- M. RAMESH KUMAR, S/O. T.S. MONY, AGED 44, C.I OF POLICE, ERNAKULAM TOWN NORTH POLICE STATION, COCHIN -18. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENT(S): -------------------- 1. THE STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001 3. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), REPRESENTED BY ITS CONVENER, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001 4. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, TRIVANDRUM-695 001. 5. S. MURALEEDHARAN, DEPUTY SUPERINTENDENT OF POLICE, SPECIAL CELL, VIGILANCE AND ANTI CORRUPTION BUREAU, ERNAKULAM-16 ADV. MR. ANTONY MUKKATH - GOVT. PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P.(C) No. 7840 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 22nd day of March, 2011 J U D G M E N T The petitioner is working as Circle Inspector of Police in the General Executive Branch of the Department of Police under the Government of Kerala. According to the petitioner, being No.10 in Ext.P1 field of choice, the petitioner is entitled to be considered for promotion as Deputy Superintendent of Police. But, on the ground that a Vigilance case is registered against the petitioner, the petitioner is not being considered by the DPC for promotion, is the grievance of the petitioner in this writ petition. Therefore, the petitioner seeks the following relief: “Issue a writ of mandamus or such other writ order or direction compelling the 3rd respondent to consider the petitioner for promotion to the post of Deputy Superintendent of Police without taking into account the pendency of Vigilance Case V.C.1/2009 of Vigilance and Anti Corruption Bureau, Ernakulam.” 2. I directed the learned Government Pleader to get WPC.No.7840 of 2011 : 2 : instructions on the present status of the Vigilance case as also why the petitioner's case is not being considered under Rule 28 (b)(i)(7) of the KS & SSR. The learned Government Pleader today submits that the matter is pending before the Director of Vigilance and no FIR has yet been filed. Having heard both sides, I dispose of this writ petition with a direction to respondents 1 to 4 to see that the petitioner's case for promotion is considered in accordance with Rule 28(b)(i)(7) of the KS&SSR in the next meeting of the DPC. sd/- (S.SIRI JAGAN, JUDGE) kp