IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 3RD DECEMBER 2009 / 12TH AGRAHAYANA 1931 WP(C).No. 15971 of 2009(N) --------------------------------------- PETITIONER: ------------------- C. SASIKUMAR, AGED 47 YEARS, S/O. K. CHELLAPPAN, RESIDING AT `BHAVANA', ATTINKUZHI, KAZHAKKUTTAM.P.O, THIRUVANANTHAPURAM, COMMERCIAL TAX INSPECTOR, COMMERCIAL TAXES CHECK POST, MOOZHIYILTHOTTAM, NEYYATINKARA, THIRUVANANTHAPURAM. BY ADVS. MR.C.S.MANU, MR.S.K.PREMRAJ, MR.K.N.RAVEENDRAN, MR.P.CHANDRASEKHARAN PILLAI (VENNELA), MR.T.B.SIVAPRASAD, MR.ABHILASH AKBAR, SMT.SUMEY CHANDRAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF COMMERCIAL TAXES, THIRUVANANTHAPURAM. 3. JOINT COMMISSIONER I, COMMERCIAL TAXES DEPARTMENT, THIRUVANANTHAPURAM. 4. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. W.P.(C). NO.15971/2009-N: 5. DEPUTY COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM. 6. DEPARTMENTAL PROMOTION COMMITTEE (LOWER), COMMERCIAL TAXES DEPARTMENT, GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN, THE MEMBER, KERALA PUBLIC SERVICE COMMISSION. R1 TO R6 BY GOVERNMENT PLEADER MR. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/12/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.15971/2009-N: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO. 239/05/B1/DC(AA)/T/CT DTD. 05/10/2005 SUBMITTED BY THE R.5 TO THE R.2. EXT.P.2: COPY OF MEMO OF CHARGES ISSUED BY THE R.3. AGAINST THE PETITIONER ALLEGING COLLUSION WITH CHARGE EVADERS. EXT.P.2.A: COPY OF STATEMENT OF ALLEGATIONS ISSUED BY THE R.3. AGAINST THE PETITIONER ALLEGING COLLUSION WITH CHARGE EVADERS. EXT.P.3: COPY OF THE REPLY TO EXHIBIT P.2. AND P.2.(A) SUBMITTED BY THE PETITIONER. EXT.P.4: COPY OF THE D.O. LETTER DTD. 11/02/2008 ISSUED BY THE R.5. EXT.P.5: COPY OF THE LETTER NO. A7-59266/05 DTD. 12/02/2008 WROTE BY THE R.2. EXT.P.6: COPY OF THE SENIORITY LIST. EXT.P.7: COPY OF THE MINUTES OF THE DPC (LOWER) HELD ON 24/12/2008. EXT.P.8: COPY OF THE GOVERNMENT ORDER G.O.(P).NO.14/2009/TD DTD. 24/01/2009 INCLUDING A FEW MORE PERSONS IN THE SELECT LIST ISSUED BY THE R.1. EXT.P.9: COPY OF THE PROMOTION ORDER AS NO.A8-3000/09/TX DTD. 07/02/2009 ISSUED BY THE R.2. PROMOTING SRI. BABU VARGHESE. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.S. TO JUDGE. Prv. ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.15971 OF 2009 (N) -------------------------------------------------- Dated this the 3rd day of December, 2009 J U D G M E N T Petitioner, a Commercial Tax Inspector, is aspiring for promotion to the post of Commercial Tax Officer. In the DPC(Lower) held on 24.12.2008 8.1.2009, and 25.6.2009, he has been overlooked. It is with this grievance the writ petition is filed by him. 2. It would appear that in 2005, when the petitioner was working at the Commercial Tax Check Post at Amaravila, 5th respondent conducted an investigation and submitted a report implicating the petitioner and another with certain allegations of irregularities. This lead to the issuance of Exts.P2 and P2(a) memo of charges and statement of allegations to the petitioner. On its receipt petitioner submitted Ext.P3 explanation pleading that he is innocent of the charges. It was pleaded that on 1.7.2004, when the alleged irregularities are stated to have been committed he was on leave. Subsequently, it would appear that verification was conducted by the Department itself and the authorities were satisfied that the petitioner was innocent of the allegations. In the meanwhile the irregularities alleged WPC.No.15971 /09 :2 : against the petitioner were already referred to the Vigilance and Anti Corruption Bureau, which had also commenced investigation into the matter . 4. Later the Commissioner for Commercial Taxes issued Ext.P5 letter to the Principal Secretary to the Government Vigilance(A) Department on 12.2.2008, where it is stated that the petitioner was innocent of the allegations and that necessary directions may be issued to the Enquiry Officers to avoid unnecessary action against the Inspectors of Commercial Taxes Department. However, nothing seems to have been achieved by such recommendation. 5. It was in the meanwhile that the Departmental Promotion Committee meeting was held on 8.1.2008 and the petitioner was superseded for the reason of pendency of Ext.P2 memo of charges. The next Departmental Promotion Committee(Lower) was held on 24.12.2008, the proceedings of which is Ext.P7. It would appear from Ext.P7 that the petitioner was superseded for the reason that Vigilance enquiry was pending. This was the reason for the supercession of the petitioner in the DPC held on 25.6.2009 as well. Therefore the pendency of the memo of charges and the pendency of the vigilance enquiry are the reasons for the supercession of the petitioner in the aforesaid three occasions, when DPCs WPC.No.15971 /09 :3 : were held. It is in these circumstances the writ petition is filed. 6. The whole proceedings originated from the allegation of irregularities committed at Amaravila Check Post on 1.7.2004 and the petitioner was also alleged to be involved in it. Evidently from Ext.P5, the recommendation made by none other than the Commissioner for Commercial Taxes, the incorrectness of this allegation is seen accepted by the Department. The counter affidavit filed by the Joint Commissioner(Law) Commercial Taxes Department before this court also endorse the findings in Ext.P5. 7. In such circumstances, I feel that there is absolutely no justification for the petitioner to be denied his promotion, if he is otherwise eligible for the same. In such circumstances I dispose of this writ petition directing the 6th respondent to expeditiously conduct an adhoc DPC and consider the case of the petitioner for promotion to the post of Commercial Tax Officer. Writ petition is disposed of as above. (ANTONY DOMINIC) JUDGE vi/ WPC.No.15971 /09 :4 :