IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE HARUN-UL-RASHID MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 2768 of 2009(D) ------------------------- PETITIONER: --------------- DR.P.ASOKAN, S/O.SIVAN PILLAI, AGED 48, ASSOCIATE PROFESSOR OF ORTHOPEDICS, GOVERNMENT MEDICAL COLLEGE, TRISSUR. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY, HEALTH AND FAMILY WELFARE DEPARTMENT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, TRIVANDRUM. 3. THE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) MEDICAL, GOVERNMENT SECRETARIAT TRIVANDRUM. BY GOVT. PLEADER MR.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: HARUN-UL-RASHID, J. ---------------------------------------------- W.P(C) No.2768 of 2009-D --------------------------------------------- Dated this the 9th February, 2009. J U D G M E N T The petitioner is working as Associate Professor in the Department of Orthopedics in Government Medical College, Trissur. While he was working as Associate Professor in Medical College, Kottayam, Crime No.2/2007 was registered against him under Section 304(A) I.P.C and Section 7 and 13(a) and (b) of Prevention of Corruption Act of Gandhi Nagar Police Station, alleging that death of the patient occurred due to the negligence of the petitioner and that he received Rs.300/- as bribe from the relatives of patient. The petitioner was suspended initially but reinstated in service. According to him he was exonerated by the committee by Exhibits P2 and P3 report from the allegation of negligence. He complaints that yet suspension period was not regularised. Since the same was not done due to the pendency of the Crime, he apprehends that there is every chance of the petitioner being overlooked by the DPC which is to be convened shortly. 2. Therefore the petitioner prayed for a direction to the 3rd respondent to consider the name of the petitioner in the next DPC meeting to be convened for preparing the select list of Associate W.P(C) No.2768 of 2009-D 2 professors fit for promotion to the post of Professor and a direction to the first respondent to regularise the period of suspension as duty. The learned Government Pleader submitted that criminal case registered is under investigation and on the basis of the vigilance enquiry permission is sought to prosecute the petitioner. The petitioner apprehends that pendency of the criminal case and non regularisation of period of suspension, there is the likelihood of non- consideration of his name. 3. The learned counsel for the petitioner brought to this Court's attention Note (i) of Rule 28 (b)(i) of KS & SSR which prescribes the procedure to be followed for preparation of select list of officers who were placed under suspension in criminal proceedings. Note (i) only prohibits inclusion of the officers in select list against whom criminal proceedings are pending before the Sessions Court for grave offences. As provided in Note (ii) the position of the petitioner shall be considered and place in a sealed cover. The 3rd respondent is not expected under the Rule to exclude the petitioner from consideration for inclusion in the select list. 4. The learned counsel for the petitioner submitted that the DPC will be shortly convened and the date fixed as 28.1.2009 is adjourned. In the Note it is specifically stated that the officers against W.P(C) No.2768 of 2009-D 3 whom vigilance or departmental proceedings are taken after the charges have prima facie been established in a preliminary enquiry should not be included in the select list. But the case of such officers should also be assessed. The question of including them in the select list shall be considered. When the result of the enquiry is known. In the facts and circumstances stated above there will be a direction to the 3rd respondent to consider the name of the petitioner in the DPC for preparing the select list of Associate Professor for promotion to the post of Professor by following the procedure laid down in the Rules stated above. The Writ Petition is disposed of accordingly. HARUN-UL-RASHID JUDGE ab W.P(C) No.2768 of 2009-D 4 W.P(C) No.2768 of 2009-D 5 W.P(C) No.2768 of 2009-D 6 W.P(C) No.2768 of 2009-D 7