IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 10TH MARCH 2010 / 19TH PHALGUNA 1931 WP(C).No. 4450 of 2010(E) ------------------------- PETITIONER: C.V.SURENDRAN, ASSISTANT COMMISSIONER (ASSMT.) SPECIAL CIRCLE -II,COMMERCIAL TAXES, KOZHIKODE. BY ADV. MR.V.P.SUKUMAR MR.KURYAN THOMAS RESPONDENTS: 1. THE COMMISSIONR OF COMMERCIAL TAXES & CONVENER OF DEPARATMENTAL PROMOTION COMMITTEE, COMMERCIAL TAXES DEPARTMENT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY TO GOVERNMENT, TAXES (D) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY MR. ANTONY MUKKATH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J ------------------------- W.P.(C).No.4450 OF 2010 ----------------------------------- Dated this the 10th day of March, 2010 J U D G M E N T The petitioner is an Assistant Commissioner in the Commercial Taxes Department. In Ext.P1 seniority list of Assistant Commissioners, he holds rank No.41. By virtue of the said seniority he fell within the zone of consideration for promotion to the post of Deputy Commissioner, in 2008. However, he was superseded on the ground of pendency of two disciplinary proceedings initiated against him. The specific contention of the petitioner is that the disciplinary proceedings initiated against him as per file No.4419/D1/07/TD was dropped as is evident from Ext.P2 dated 3.7.2009. The other proceedings initiated against him based on memo of charges dated 4.7.2008 was also subsequently dropped as is obvious from Ext.P3. Thus the two disciplinary proceedings pending against him when the DPC met for considering him for the promotion to the post of Deputy Commissioner in 2008 have been dropped. The DPC WPC.4450/10 2 that met in 2008 was for the purpose of preparing a seniority list for promotion to the post of Deputy Commissioner in the Commercial Taxes Department against anticipated vacancies. Therefore in the light of Exts.P2 and P3, the respondent should have take action to convene review DPC to consider the claim of the petitioner for inclusion in the said select list in view of the specific provisions under the General Rules in the Kerala State and Subordinate Service Rules, 1958. In the light of Exts.P2 and P3 the petitioner submitted Ext.P5 representation before the first respondent. In the meanwhile, as per Ext.P4 one of his juniors was promoted as Deputy Commissioner. However, no action was taken in this regard. The petitioner is due to retire on 31.3.2010. It was in the said circumstances that this writ petition has been filed. 2. The learned Government Pleader made available a copy of memo No.12149/D1/08/TD dated 20.5.2009 it would reveal that the DPC met on 24.12.2008 decided to WPC.4450/10 3 supersede the petitioner on account of the pendency of disciplinary action initiated against him as per file No.4419/D1/07/TD. However, it is evident from Ext.P2 that the said proceedings initiated against the petitioner was dropped. The same is the case in respect of the disciplinary action taken pursuant to memo of charges dated 4.7.2008. In view of the facts revealed from Ext.P2 and P3, the respondents are bound to convene a review DPC for the purpose of considering the case of the petitioner for inclusion in the select list for promotion to the post of Deputy Commissioner. Needless to say, based on the decision of the DPC further steps have to be taken by the respondents. 3. Therefore, there shall be a direction to the respondents to take appropriate action expeditiously for the purpose of convening review DPC to consider the claim of the petitioner for inclusion in the select list prepared in the year 2008 for promotion to the post of Deputy Commissioner WPC.4450/10 4 in the Commercial Taxes Department as expeditiously as possible, as the petitioner is due to retire on 31.3.2010. The respondents shall make all possible efforts to convene such a review DPC prior to his retirement. C.T. RAVIKUMAR, JUDGE. SOU.