IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 2428 of 2011(C) ------------------------- PETITIONER(S): --------------- LEENA DANIEL, SENIOR SUPERINTENDENT REGIONAL TRANSPORT OFFICE, KOLLAM. BY ADV. SRI.N.SUGATHAN SMT.VARSHA BHASKAR RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695039. 2. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM-695033. 3. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), REPRESENTED BY THE SECRETARY TO GOVERNMENT & CONVENER, TRANSPORT DEPARTMENT SECRETARIAT,THIRUVANANTHAPURAM-695039. GOVT. PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. Siri Jagan, J. =-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-=-= W.P(C) No. 2428 of 2011 =-=-=-=-=-=-=-=-=--=-=-=-=-=-=-=-=-= Dated this, the 10th day of February, 2011. J U D G M E N T The petitioner is facing some disciplinary proceedings. The same were initiated in 2009 by issuing Ext. P4 memo of charges on 31.12.2009. Because of the pendency of the disciplinary proceedings, the petitioner is not being considered for promotion to the post of Joint Regional Transport Officer. At the same time, her juniors are being considered. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “i) Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to finalise the disciplinary proceedings initiated against the petitioner as per Ext. P4 memo of charges dated 31.12.2009 at once. ii) Issue a writ of mandamus or any other appropriate writ or order directing the 3rd respondent to consider the claim of the petitioner for inclusion in the select list for promotion to the cadre of Joint Regional Transport Officer in the next meeting of the DPC (Higher) to be convened for preparation of the select list for promotion to that cadre for the year 2011 and to included her name in the select list, notwithstanding the pendency of the disciplinary proceedings; iii) Issue a writ of mandamus or any other appropriate writ or order directing the 1st respondent to promote the petitioner to the cadre of Joint Regional Transport Officer before any of her juniors in the category of Senior Superintendent/Junior Accounts officer is promoted to that cadre.” 2. I specifically directed the learned Government Pleader to get instructions as to within what time the disciplinary proceedings against the petitioner can be finalised. The learned Government Pleader submits that since along with the petitioner disciplinary proceedings have to be taken against others also, the respondents would require at least 6 months' time to complete the disciplinary W.P(C) No. 2428/2011 -: 2 :- proceedings. I am of opinion that having issued charge memo as early as on 31.12.2009, the respondents should complete the disciplinary proceedings at least within 4 months. Accordingly, this writ petition is disposed of with a direction to respondents 1 and 2 to see that the disciplinary proceedings against the petitioner are completed as expeditiously as possible, at any rate, within four months from the date of receipt of a copy of this judgment. In the meanwhile, the Departmental Promotion Committee shall consider the case of the petitioner also for selection for promotion in accordance with Note (i) under sub-clause (7) of Rule 28(b)(i) of the K.S and S.S.R. Sd/- S. Siri Jagan, Judge. Tds/ [TRUE COPY] P.S TO JUDGE.