IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 23318 of 2011(L) --------------------------------------- PETITIONER(S): ------------------------ S.NANDAKUMAR,COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECK POST,WALAYAR, PALAKKAD DISTRICT. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENT(S): ------------------------ 1. STATE OF KERALA,REPRESENTED BY THE SECRETARY TO GOVERNMENT,TAXES DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001. 2. COMMISSIONER OF COMMERCIAL TAXES, COMMISSIONERATE OF COMMERCIAL TAXES, THIRUVANANTHAPURAM,PIN-695033. 3. DEPARTMENTAL PROMOTION COMMITTEE(LOWER), DEPARTMENT OF COMMERCIAL TAXES,REPRESENTED BY CONVENOR,THE COMMISSIONER OF COMMERCIAL TAXES, COMMISSIONERATE OF COMMERCIAL TAXES, THIRUVANANTHAPURAM,PIN-695033. BY GOVT. PLEADER SRI.L.G.SURESH BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.23318/2011 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE MEMO OF CHARGES NO.23476/D2/06/TD DTD. 9.6.2008 ISSUED BY THE IST RESPONDENT AGAINST THE PETITIONER. P2:- COPY OF THE EXPLANATION DTD. 1.7.2008 SUBMITTED BY THE PETITIONER BEFORE THE IST RESPONDENT. P3:- COPY OF THE SHOW CAUSE NOTICE NO.23476/D3/06/TD DTD. 3.5.2011 OF THE IST PETITIONER ISSUED TO THE PETITIONER. P4:- COPY OF THE REPLY DTD. 15.6.2011 OF THE PETITIONER BEFORE THE IST PETITIONER. P5:- COPY OF THE MEMO NO.G3.41723/10/CT DTD. 1.6.2011 OF THE COMMISSIONER OF COMMERCIAL TAXES AND CONVENER, DEPARTMENTAL PROMOTION COMMITTEE (LOWER) ISSUED TO THE PETITIONER. P6:- COPY OF THE REPLY DT.D 4.8.2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS NIL:- TRUE COPY P.A. TO JUDGE tss C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.23318 of 2011-L. = = = = = = = = = = = = = Dated this the 26th August, 2011. J U D G M E N T The petitioner is presently working as a Commercial Tax Inspector under the Depart of Commercial Taxes. Disciplinary proceedings were initiated against the petitioner alleging certain misconduct. After conducting an enquiry the petitioner was served with Ext.P3 show cause notice. As per Ext.P3 the disciplinary authority directed the petitioner to show cause why a punishment of barring one increment without cumulative effect should not be imposed on him. On receipt of Ext.P3 he has submitted Ext.P4 reply dated 15.6.2011. Despite the receipt of the said reply the disciplinary proceedings are yet to be finalized. On account of the non-finalisation of the said proceedings the petitioner has been superseded in the matter of promotion to the post of Commercial Tax Officer. It is in the said circumstance this writ petition has been filed mainly with a prayer to WP(C).No.23318/2011-L. 2 issue a writ of mandamus commanding the first respondent to finalise the disciplinary proceedings initiated against him pursuant to Ext.P1. 2. I have heard the learned counsel appearing for the petitioner and the learned Government Pleader appearing for the respondents. Evidently, after completion of the disciplinary proceedings the disciplinary authority has already issued Ext.P3 show cause notice to the petitioner intimating him of the proposal for imposition of punishment of barring of next one increment without cumulative effect. Ext.P4 would reveal that as early as on 15.6.2011 the petitioner submitted a reply to Ext.P3. Evidently, the petitioner was superseded in the matter of promotion to the post of Commercial Tax Officer on account of the pendency of the said proceeding. In the above circumstances, I am inclined to dispose of this writ petition directing the 1st respondent to consider Ext.P4 reply submitted by the petitioner to Ext.P3 show cause notice and finalise the WP(C).No.23318/2011-L. 3 disciplinary proceedings expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. It is made clear that it will be open to the petitioner to move the 3rd respondent for consideration of P6 in the light of the outcome of the disciplinary proceedings. C.T.RAVIKUMAR, (Judge) Kvs/-