IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 17TH JANUARY 2008 / 27TH POUSHA 1929 WP(C).No. 11798 of 2007(D) --------------------------------------- PETITIONER: ------------------- P.G.PRAMODE CHANDRAN, S/O.R.GANGADHARAN, AGED 49, RESIDING AT PANAMOOTTIL HOUSE, T.C.25/3155, M.R.R.AA-3, MALLOOR ROAD, VANCHIYOOR, THIRUVANANTHAPURAM- 695 035 WORKING AS MANAGER, EXCISE DIVISION OFFICE, THIRUVANANTHAPURAM. BY ADV. SRI.K.G.SARATHKUMAR, SRI.S.RAJKUMAR. RESPONDENTS: ------------------------ 1. THE SECRETARY, DEPARTMENT OF TAXES, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. 3. THE SECRETARY, HOME & VIGILANCE DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. BY SR. GOVERNMENT PLEADER SRI. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.11798/2007-D: APPENDIX PETITIONER'S EXHIBITS : EXT.P.1: COPY OF THE LETTER NO. XD2-18540/06 DTD. 23/03/2007 ISSUED BY THE R.2. TO PETITIONER. EXT.P.2: COPY OF THE REPRESENTATION DTD. 24/03/2007 SUBMITTED BEFORE THE R.2. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// prv. V.GIRI, J. ------------------------- W.P.(C).No.11798 of 2007 ------------------------- Dated this the 17th day of January, 2008. JUDGMENT The petitioner was working as Circle Inspector of Excise. Petitioner, who was facing a Vigilance Investigation in Crime No.VC.5/2003/KT of the Vigilance and Anti- corruption Bureau, Kottayam, was not considered by the Departmental Promotion Committee for promotion to the post of Assistant Excise Commissioner, according to him, on the basis of the pendency of the Vigilance Investigation. 2. In the statement filed by the 2nd respondent, it is noted that the Departmental Promotion Committee has prepared a list of persons only just above the petitioner. Learned Government Pleader submits that the Vigilance and Anti-corruption Bureau has submitted a report dated 9.5.2007. It seems that the Vigilance and Anti-corruption Bureau has reported that there is enough oral and documentary evidence to prosecute the accused officers for offences under the Prevention of Corruption Act and Section 120 B of the Indian Penal Code. It is further stated that the W.P.(C).NO.11798/07 :: 2 :: Government sanction has been sought for prosecuting the Deputy Collector (Election), Kottayam [accused No.11]. 3. The Government is yet to take a decision on the factual report submitted by the Director of Vigilance and Anti-corruption Bureau. In the circumstances, the writ petition is disposed of directing the first respondent to take a decision on the factual report submitted by the Director of Vigilance and Anti- corruption Bureau in VC.5/2003/KT within three months from the date of receipt of a copy of this judgment. Petitioner's claim for further promotion to the post of Assistant Excise Commissioner will depend upon the decision to be taken by the 2nd respondent, on the basis of the decision to be taken by the first respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy// W.P.(C).NO.11798/07 :: 3 ::