IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 WP(C).No. 25651 of 2009(B) -------------------------- PETITIONER: --------------- V.RADHA, JUNIOR SUPERINTENDENT, OFFICE OF THE COMMERCIAL TAX OFFICER, CHITTUR, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH, SENIOR ADVOCATE SRI.T.C.SURESH MENON SRI.JIBU P THOMAS SRI.P.S.APPU SRI.A.R.NIMOD SRI.C.A.ANOOP RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF TAXES, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE JOINT COMMISSIONER-I, OFFICE OF THE COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM. 3. THE CONVENER, DEPARTMENTAL PROMOTIONS COMMITTEE (L), OFFICE OF THE COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. SMITHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 05/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.25651 of 2009 -------------------------- Dated this the 5th October,2009 J U D G M E N T Petitioner is working as Junior Superintendent in the Commercial Taxes Department. She is otherwise eligible to be considered for promotion to the post of Commercial Tax Officer. She has not been considered by the Departmental Promotion Committee due to the pendency of the vigilance case against her. Hence the writ petition. 2. Petitioner was overlooked by the DPC which had met in the year 2008 due to the pendency of the vigilance case. 3. Charges are yet to be framed against her in the said vigilance case, according to her. Therefore she prays for a direction to the Commissioner to see that her name is also placed before the DPC which is to meet in relation to the vacancies of the year 2009. Ext.P4 representation is pending before the Joint Commissioner. 4. Heard learned Government Pleader also. W.P ( C) No.25651 of 2009 2 5. The mere pendency of the vigilance case, wherein, charges have not been framed should not stand in the way of a person being considered by the DPC. 6. Accordingly, Exts. P4 and P5 shall be looked into by the 2nd respondent and he shall see that the name of the petitioner is also placed before the DPC, the 3rd respondent when it meets to make selection to the post of Commercial Tax Officer against the vacancies which are available and which are due to arise for the year 2009 in accordance with law. DPC shall consider the name of the petitioner also, in accordance with law. Writ petition is disposed of as above. (V.GIRI,JUDGE) ma W.P ( C) No.25651 of 2009 3 W.P ( C) No.25651 of 2009 4