IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WA.No. 1905 of 2009() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.14949/2009 Dated 01/06/2009 .................... APPELLANT(S): PETITIONER: ------------------------- SUBRATA BANGA, AGED 57 YEARS, S/O.LATE M.BANGA, NOW HAVING RESIDENCE AT QUARTER NO.D10, CPWD QUARTERS, KUNNUMPURAM, KAKKANAD, ERNAKULAM. BY ADV. SRI.G.HARIHARAN SRI.PRAVEEN.H. RESPONDENT(S): RESPONDENTS: --------------------------- 1. THE DIRECTOR GENERAL, CISF HEAD QUARTERS BLOCK -13, CGO'S COMPLEX, LODHI ROAD, NEW DELHI-110 003. 2. THE INSPECTOR GENERAL, CISF CH.PT CAMPUS, NEAR WAR MEMORIAL, CHENNAI-600 009. 3. THE DEPUTY INSPECTOR GENERAL, CISF (SZ) HEAD QUARTERS, BLOCK D, 1ST FLOOR, RAJAJI BHAVAN, BESANT NAGAR, CHENNAI-600 090. ADV. SRI.T.SANJAY, CGC FOR RPTS. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 13/10/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. ----------------------------------------- W.A.No.1905 of 2009 ----------------------------------------- Dated this the 13th day of October, 2009 JUDGMENT Kurian Joseph,J. Appellant is the petitioner. He approached this court seeking a direction for promotion to the post of Senior Commandant. According to the petitioner in view of Ext.P3 clarification regarding colour blindness, he cannot be disqualified on that ground. He claims that he is eligible on other counts also. The writ petition was disposed of by judgment dated 1-6-2009 directing the first respondent to consider Ext.P5 representation filed by the petitioner in that regard. Not satisfied, the petitioner filed this writ appeal stating that there should have been a positive direction in view of Ext.P3 to promote the petitioner. We find that even before filing the writ appeal the appellant-petitioner had been transferred to Dhanbad. That apart, as per Annexure 1 order, Ext.P5 representation had already been disposed of stating that the DPC had considered the case of the petitioner along W.A.No.1905 of 2009 -:2:- with other eligible officers, but he was assessed unfit. Whether the assessment of “unfit” is only on account of colour blindness is not clear. Learned Central Government Standing Counsel submits that in view of Annexure 1 dated 9-6-2009, unless that communication is challenged, the petitioner cannot have an independent relief in the writ appeal. We are afraid that the contention cannot be appreciated. The judgment of the learned single Judge to consider Ext.P5 is dated 1-6-2009. Ext.P5 is dated 17-3-2009. In Annexure 1 it is stated that the DPC met on 23-2-2009. Evidently Ext.P5 has not been considered in the above factual background by the first respondent. Since Annexure 1 is dated 17-3-2009 and since the judgment is dated 1-6-2009 and since the DPC meeting was on 23-2-2009, necessarily Ext.P5 will have to be considered independently as directed by the learned single Judge in the judgment dated 1-6-2009. The reply given in Annexure 1 is not in compliance with the judgment of the learned single Judge. The learned counsel appearing for the appellant-petitioner seeks for an opportunity for hearing also. Having regard to the entire facts W.A.No.1905 of 2009 -:3:- and circumstances of the case, at the time of consideration of the representation an opportunity for hearing shall be given to the petitioner. Therefore, we dispose of the writ appeal directing the first respondent to consider Ext.P5 on merits ignoring the reply dated 9-6-2009 and pass appropriate orders thereon in accordance with law after giving an opportunity for hearing to the appellant- petitioner. It is made clear that while passing orders as above, the contention on colour blindness with regard to Ext.P3 will also be considered by the first respondent. (KURIAN JOSEPH, JUDGE) (C.T.RAVIKUMAR, JUDGE) ahg. KURIAN JOSEPH & C.T.RAVIKUMAR, JJ. --------------------------- W.A.No.1905 of 2009 ---------------------------- JUDGMENT 13th October, 2009