IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HON'BLE THE CHIEF JUSTICE MR.J.CHELAMESWAR & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WA.No. 1267 of 2010 --------------------- AGAINST THE JUDGEMENT IN WPC.20297/2010 DATED 12/07/2010 .................... APPELLANT/PETITIONER: --------------------------- K.K.RAJAN, INTELLIGENCE INSPECTOR, SQUAD NO.I, COMMERCIAL TAXES, KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.K.G.ANIL BABU RESPONDENTS/RESPONDENTS: ---------------------------------- 1. THE DEPARTMENTAL PROMOTION COMMITTEE (LOWER), GOVERNMENT OF KERALA, THIRUVANANTHAPURAM, REP. BY ITS CONVENOR, (COMMISSIONER, COMMERCIAL TAXES, THIRUVANANTHAPURAM). 2. THE COMMISSIONER, COMMERCIAL TAXES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. BY SENIOR GOVT. PLEADER, SRI.BENNY GERVASIS THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 27/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.Chelameswar, CJ. & P.N.Ravindran, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.A.No. 1267 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 27th day of July, 2010 JUDGMENT J.Chelameswar, CJ. Aggrieved by the judgment dated 12.07.2010 in W.P.(C) No.20297 of 2010, the unsuccessful petitioner has preferred the present appeal. 2. The appellant has been working as Intelligence Inspector in the cadre of Assistant Commercial Tax Officer. By Ext.P3 order dated 01.02.2010, a punishment barring one increment without cumulative effect was imposed on the appellant for some misconduct of which the appellant was found guilty in departmental proceedings. It appears that aggrieved by the imposition of the said penalty the appellant preferred a departmental appeal which is said to be pending. Stoppage of one increment without cumulative effect is admittedly a minor penalty within the meaning of Rule 11 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. 3. On 23.02.2010, a Departmental Promotion Committee WA No.1267 of 2010 -:2:- (DPC) was convened for finalising the select list for the post of Commercial Tax Officer which is a promotion post for which the appellant herein also is eligible to be considered. However, the case of the appellant was not considered by the DPC, in view of the imposition of the penalty described above. 4. The appellant herein had earlier approached this Court by way of W.P.(C) No.15486 of 2010. By judgment dated 20.05.2010 this Court disposed of the writ petition directing the respondents therein to consider the representation made by the appellant herein and dispose of it expeditiously. Pursuant to the direction of this Court the case of the appellant herein came to be reconsidered by a DPC along with some other cases (details of which are not necessary for the present purpose) and in the said meeting dated 07.06.2010 the case of the appellant herein was rejected. Aggrieved by the said decision, W.P.(C) No. 20297 of 2010 was filed. By the judgment under appeal the writ petition was dismissed. Hence the appeal. 5. The learned counsel for the appellant argued that in view of the pendency of the departmental appeal of the appellant, the WA No.1267 of 2010 -:3:- DPC ought not to have been rejected the benefit of promotion at the fag end of his career. 6. We are afraid that the submission of the learned counsel for the appellant cannot be entertained. Mere pendency of the appeal does not erase the punishment which is still subsisting. 7. Another submission of the learned counsel is that since the punishment imposed was a minor penalty, the same ought not to come in the way of consideration of the case of the appellant for promotion. Even this submission has to be rejected in the light of the decision of a Division Bench of this Court in WA No. 752 of 2007 dated 29.03.2007 rejecting a similar submission. In the circumstances we do not see any merit in the appeal. The Writ Appeal is dismissed at the admission stage. J.Chelameswar, Chief Justice. P.N.Ravindran, Judge. ttb WA No.1267 of 2010 -:4:-