IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 13TH AUGUST 2010 / 22ND SRAVANA 1932 WP(C).No. 2404 of 2010(A) ------------------------- PETITIONER(S): --------------- P.VALSALA, JUNIOR SUPERINTENDENT, OFFICE OF THE COMMANDANT, KERALA ARMED POLICE IIND BATTALION, MUTTIKULANGARA, PALAKKAD DISTRICT. BY ADV. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SRI.T.R.SADEESAN SRI.T.S.SHYAM PRASANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ADDL.CHIEF SECRETARY TO GOVERNMENT AND SECRETARY TO GOVERNMENT AND SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE SECRETARY TO GOVERNMENT, VIGILANCE DEPARTMENT, GOVT.SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR GENERAL OF POLICE AND CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (LOWER) POLICE HEADQUARTERS, TRIVANDRUM. 4. THE ADDL.DIRECTOR GENERAL OF POLICE (CRIMES), TRIVANDRUM. 5. THE INSPECTOR GENERAL OF POLICE (CRIMES) TRIVANDRUM. GOVERNMENT PLEADER SRI. ANTONY MUKKATH FOR R1 TO R5 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.2404 OF 2010(A) -------------------------------------------------- Dated this the 13th day of August, 2010 J U D G M E N T Petitioner is presently working as Junior Superintendent in the Armed Police Second Battalion at Palakkad. In this writ petition, her grievance is that although she has been included in Ext.P9 select list for the post of Senior Superintendent/Manager/Accounts Officer, overlooking her claim, her juniors have been promoted. 2. In the counter affidavit filed, though the respondents have admitted the case of the petitioner that she has been included at Sl.No.35 of Ext.P9 select list, it is stated that by order dated 30.5.2007 departmental enquiry has been ordered against the petitioner and that memo of charges has been served on the petitioner on 16.10.2007. The counter affidavit concludes by stating that the petitioner was excluded from the list of Junior Superintendent to be promoted as Senior Superintendent, since a memo of charge was served on her and disciplinary action is pending. It is also stated that petitioner's case for promotion can be considered as soon as the enquiry against her is over. WPC.No.2404 /2010 :2 : 3. Thus only on completion of the disciplinary action can the petitioner claim for promotion on the strength of Ext.P9. In that view of the matter, it is essential that the respondents should finalise the enquiry ordered against the petitioner as early as on 30.5.2007. 4. Therefore, the writ petition is disposed of directing the respondents to conclude the disciplinary action ordered against the petitioner, as expeditiously as possible and at any rate within 3 months from the date of production of a copy of the judgment long with a copy of this writ petition. Needless to say, depending upon the outcome of the enquiry, the claim of the petitioner for further promotion will also be dealt with. The contention of the petitioner on the validity of the proceedings are left open to be adjudicated, if necessary, in appropriate proceedings. (ANTONY DOMINIC) JUDGE vi/ WPC.No.2404 /2010 :3 :