IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 31ST MARCH 2008 / 11TH CHAITHRA 1930 WP(C).No. 1948 of 2008(F) PETITIONER: MOHANACHANDRAN, S/O.LATE KUTTAN NAIR, AGED 48 YEARS, JUNIOR SUPERINTENDENT, DISTRICT SUPPLY OFFICE, THIRUVANANTHAPURAM, RESIDING AT T.C.41/401, PATTAVILAKATHU VEEDU, MANACAUD PO, THIRUVANANTHAPURAM. BY ADVS. SRI.C.K.PAVITHRAN SRI.M.X.XAVIER SRI.K.BAIJU SMT.N.S.SUMI RESPONDENTS: 1. DEPARTMENTAL PROMOTION COMMITTEE II, CIVIL SUPPLIES DEPARTMENT, REPRESENTED BY ITS CONVENOR, COMMISSIONER OF CIVIL SUPPLIES, OFFICE OF THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 2. GOVERNMENT OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, FOOD & CIVIL SUPPLIES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF CIVIL SUPPLIES, THIRUVANANTHAPURAM. 4. MRS.T.P.THRESSIA, ASSISTANT TALUK SUPPLY OFFICER, TALUK SUPPLY OFFICE, CHERTHALAI. WP(C).No. 1948 of 2008 :: 2 :: 5. SRI.O.KRISHNAKUMARY, JUNIOR MANAGER, OFFICE OF THE REGIONAL MANAGER, K.S.C.S. CORPORATION, PALGHAT. BY SENIOR GOVERNMENT PLEADER SRI.NANDAKUMAR SRI.G.SREEKUMAR (CHELUR) SRI.K.RAVI (PARIYARATH) THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.1948 of 2008 ------------------------- Dated this the 31st day of March, 2008. JUDGMENT The petitioner is an Assistant Taluk Supply Officer in the Civil Supplies Department, awaiting promotion to the cadre of Taluk Supply Officer. The Departmental Promotion Committee which met in 2007 superseded the petitioner, on the ground that the disciplinary proceedings initiated under Ext.P5 was pending finalisation. This is evidenced by Ext.P3, a reply to the objection submitted by the petitioner. There is yet another disciplinary proceedings which came to be initiated under Ext.P9. That was after the Departmental Promotion Committee met prior to Ext.P2. The petitioner, therefore, challenges Exts.P2 and P6 to the extent of his supersession for promotion to the post of Taluk Supply Officer. 2. Insofar as Ext.P5 memo of charges is concerned, learned counsel for the petitioner points out that it is admitted in the counter affidavit that the proceedings initiated in 1997 was not finalised earlier on account of the pendency of the vigilance enquiry. The proceedings initiated pursuant to Ext.P5 is yet to be finalised. 3. After hearing the counsel for the petitioner and the learned Senior Government Pleader, the writ petition is W.P.(C).NO.1948/08 :: 2 :: disposed of directing the 3rd respondent to finalise the proceedings initiated pursuant to Ext.P5, within three months from the date of receipt of a copy of this judgment. If the petitioner is exonerated of the charges, a report will have to be submitted to the Government, which shall, thereafter, constitute an ad hoc Departmental Promotion Committee. The Departmental Promotion Committee constituted shall consider the name of the petitioner to the post of Taluk Supply Officer against the vacancy, which had arisen in 2007. Insofar as the disciplinary proceedings initiated under Ext.P9 is concerned, steps may be taken by the 3rd respondent to complete the disciplinary proceedings within 4 months from the date of receipt of a copy of this judgment. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before respondents 2 and 3 for compliance. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge