IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH JULY 2009 / 8TH SRAVANA 1931 WP(C).No. 36690 of 2008(P) -------------------------------------- PETITIONER(S): ---------------------- C.P. VARGHESE, ASSISTANT SUB INSPECTOR OF POLICE, KOZHIKODE RURAL, KOZHIKODE. BY ADV. MR.K.PRAVEEN KUMAR RESPONDENT(S): ----------------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, DEPARTMENT OF HOME, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS,THIRUVANANTHAPURAM. 3. THE ADDITIONAL DIRECTOR GENERAL OF POLICE, NORTH ZONE, KOZHIKODE. 4. INSPECTOR GENERAL OF POLICE, KANNUR RANGE, KANNUR. 5. THE CHAIRMAN, DEPARTMENTAL PROMOTION COMMITTEE, OFFICE OF INSPECTOR GENERAL OF POLICE, KANNUR RANGE, KANNUR. 6. THE SUPERINTENDENT OF POLICE, KOZHIKODE RURAL, KOZHIKODE. R1 TO R6 BY GOVERNMENT PLEADER MR.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 30/07/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 36690/2008-P APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER OF THE 4TH RESPONDENT DATED 30/01/2007. EXT.P2: COPY OF THE ORDER OF THE DISTRICT POLICE SUPERINTENDENT WYNAD DATED 06/01/2008. EXT.P3: COPY OF THE ORDER OF THE DISTRICT POLICE SUPERINTENDENT WYNAD DATED 26/06/2008. EXT.P4: COPY OF THE ORDER OF THE DISTRICT POLICE SUPERINTENDENT WYNAD DATED 05/07/2008. RESPONDENT'S EXHIBITS: EXT.R4(a): COPY OF THE ORDER NO.A1-10530/08KR. DATED 29/12/2008. //TRUE COPY// P.A. TO JUDGE rs. P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 36690 of 2008-P ------------------------------ Dated this the 30th day of July, 2009. J U D G M E N T Heard Sri.K.Praveen Kumar, the learned counsel appearing for the petitioner and Sri.Antony Mukkath, the learned Government Pleader appearing for the respondents. 2. The petitioner who is presently working as Assistant Sub Inspector of Police has filed this writ petition seeking a writ in the nature of mandamus commanding the respondents to consider him for promotion to the post of Sub Inspector of Police in the General Executive Branch. The pleadings disclose that three disciplinary proceedings have been initiated against the petitioner and are pending. In the counter affidavit filed on behalf of the fourth respondent it is stated that the Departmental Promotion Committee has conditionally included the name of the petitioner in the select list of Assistant Sub Inspectors (General Executive Branch) fit for promotion to the category of Sub Inspectors (General Executive Branch) for the year 2008 and that the said inclusion is subject to the outcome of the disciplinary proceedings initiated and pending against the petitioner. It is also stated that if the petitioner is exonerated of the charges, he will be given promotion. 3. From the pleadings and the submissions made at the Bar, it W.P(C) No. 36690 of 2008-P 2 is evident that the petitioner has not been given promotion for the reason that three disciplinary proceedings are pending against him. The petitioner will attain the age of superannuation in the year 2011. Exts.P2, P3 and P4 disclose that the disciplinary actions were initiated against the petitioner in January, June and July 2008. More than one year has passed thereafter. In such circumstances, I am of the opinion that the Superintendent of Police, Wynad, the disciplinary authority should finalise the disciplinary proceedings at the earliest. 4. I accordingly dispose of this writ petition with a direction to the Superintendent of Police, Wynad, to finalise the disciplinary action initiated against the petitioner as per Exts.P2, P3 and P4 and pass final order thereon, after affording the petitioner a reasonable opportunity to state his case. Final orders in the matter shall be passed expeditiously and in any event within six months from the date on which the petitioner produces a certified copy of this judgment before the Superintendent of Police, Wynad. If the petitioner does not co-operate with the enquiry and the finalisation of the enquiry is delayed for that reason alone, it will be open to the Superintendent of Police, Wynad to move this Court seeking enlargement of time. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE