IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 19TH MARCH 2010 / 28TH PHALGUNA 1931 WP(C).No. 9205 of 2010(A) ------------------------- PETITIONER(S): --------------- HARIDAS T.K., DEPUTY SUPERINTENDENT OF POLICE, CRIME DETACHMENT, KOZHIKODE RURAL, VADAKARA. BY ADV. SRI.K.SASIKUMAR SRI.S.ARAVIND RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. G.P. SHRI.ANTONY MUKKOTH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 9205 of 2010 ================== Dated this the 19th day of March, 2010 J U D G M E N T The petitioner is a Deputy Superintendent of Police in the service of the Government of Kerala. A criminal case has been registered against the petitioner. In the meanwhile, vacancies in the post of Superintendents of Police have arisen, in respect of which, the Departmental Promotion Committee has met and prepared a select list. The petitioner's grievance in this writ petition is that, by Ext.P2, the petitioner has been superseded on the ground that the investigation in the criminal case is pending. According to the petitioner, just because investigation in a criminal case is pending the petitioner could not have been excluded from consideration by the Departmental Promotion Committee, for promotion. Therefore, the petitioner has filed Ext.P3 representation before the 1st respondent as the convenor of the Departmental Promotion Committee, to be considered by the Departmental Promotion Committee. The petitioner seeks a direction to the Departmental Promotion Committee, of which the Secretary to Government is the convenor, to consider and pass orders on Ext.P3 expeditiously. 2. I have heard the learned Government Pleader also. 3. In the facts and circumstances of the case, I dispose of this w.p.c.9205/10 2 writ petition with a direction to the Departmental Promotion Committee of which the Secretary to the Government is the convenor, to consider and pass orders on Ext.P3, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment, after affording an opportunity of being heard to the petitioner or his representative. It would be open to the petitioner to cite decisions or other materials in support of his case, the applicability of which also shall be duly considered by the Departmental Promotion Committee. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge