IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE P.S.GOPINATHAN MONDAY, THE 21ST NOVEMBER 2011 / 30TH KARTHIKA 1933 WA.No. 1841 of 2010() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.23621/2010 Dated 11/08/2010 APPELLANT: PETITIONER ------------------------------------- V.K.RAJENDRAN, S/O.P.V.DEVAN, DEPUTY SUPERINTENDENT OF POLICE SBCID, KOZHIKODE CITY, RESIDING AT QUARTER NO.3, POLICE OFFICERS QUARTERS, CYHINTHAVALAPPU, KOZHIKODE. BY ADV. SRI.P.S.SREEDHARAN PILLAI SMT.C.G.PREETHA SRI.ARJUN SREEDHAR SMT.P.RANI DIOTHIMA RESPONDENTS/RESPONDENTS: --------------------------------------------- 1. STATE OF KERALA, REP. BY ADDITIONAL CHIEF SECRETARY (HOME & VIGILANCE), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2. THE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), GOVERNMENT SECRETARIAT, STATE OF KERALA, THIRUVANANTHAPURAM-695001. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEADQUARTERS, THIRUVANANTHAPURAM-695001. 4. THE SUPERINTENDENT OF POLICE, SB CID, KOZHIKODE RANGE, KOZHIKODE-673001. GOVERNMENT PLEADER C.K. SHERIN. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 21/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N. RAMACHANDRAN NAIR & P.S. GOPINATHAN, JJ. = = = = = = = = = = = = = = = = = = W.A. 1841 OF 2010 = = = = = = = = = = = = = = = = = = DATED THIS, THE 21ST DAY OF NOVEMBER, 2011. J U D G M E N T C.N. Ramachandran Nair, J. The appellant is denied promotion to the cadre of Superintendent of Police and his juniors are promoted for the reason that enquiry is pending against him. Appellant's case is that even as on today no charge sheet is filed against him. We do not think by keeping an enquiry pending, the State can deny service benefits eligible to the person concerned. We therefore, direct the respondents to complete the enquiry within two months and if no case is made against the appellant, to promote him without any delay, thereafter. The writ appeal is disposed of as above. C.N. RAMACHANDRAN NAIR, (JUDGE) P.S. GOPINATHAN, (JUDGE) KNC/-