IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 9TH APRIL 2010 / 19TH CHAITHRA 1932 WP(C).No. 9813 of 2010(B) ------------------------- PETITIONER(S): --------------- SUNIL KUMAR C., AGED 36 YEARS, S/O.CHELLAPPAN K., SUBASH COTTAGE, AYIKUNNAM, SASTHAMCOTTA P.O., PIN-690 521, NOW WORKING AS ASSISTANT MOTOR VEHICLE INSPECTOR, R.T.OFFICE, THRISSUR. BY ADV. SRI.E.K.NANDAKUMAR SRI.A.K.JAYASANKAR NAMBIAR SRI.K.JOHN MATHAI SRI.P.BENNY THOMAS SRI.P.GOPINATH SRI.S.RAMU RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY ITS ECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, TRANSPORT BHAVAN, THIRUVANANTHAPURAM. 3. THE DEPUTY TRANSPORT COMMISSIONER, CENTRAL ZONE-1, THRISSUR. 4. DEPARTMENTAL PROMOTION COMMITTEE(LOWER) FOR PROMOTION TO THE POST OF MOTOR VEHICLES INSPECTOR, MOTOR VEHICLES DEPARTMENT, REP. BY ITS CONVENER. GOVERNMENT PLEADER SRI.ARAVIND KUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 9813 of 2010 B ``````````````````````````````````````````````````````` Dated this the 9th day of April, 2010 J U D G M E N T Essentially the grievance of the petitioner is that in the light of Ext.P14 memo of charges, his claim for promotion to the post of Motor Vehicle Inspector has not been considered by the respondents despite his inclusion in Ext.P9 select list. Admittedly, his name is included in Ext.P9 select list and based on such inclusion, he was not promoted for want of vacancies. Ext.P14 memo of charges was issued subsequent to his inclusion in Ext.P9 select list. The learned counsel for the petitioner submits that a bare perusal of Ext.P14 would reveal that the departmental proceedings are initiated only for imposition of a minor penalty. The learned Government Pleader, on instructions, admits that the disciplinary proceedings initiated for imposition of major penalty has been converted to one for imposition of minor penalty. Therefore, the respondents are bound to follow the procedures prescribed under Note 3 to Rule 28(b)(i)(7) of Part II of the KS & SSR. In the circumstances, this writ petition is disposed of with a WPC.9813/2010 : 2 : direction to the 2nd respondent to take appropriate steps for consideration of the claim of the petitioner in the light of the above provision. Orders thereon shall be passed expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. To Judge