IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC TUESDAY, THE 1ST JUNE 2010 / 11TH JYAISTHA 1932 WP(C).No. 3344 of 2010(P) ------------------------- PETITIONER(S): ---------------------- SHYAMAPRASAD.M.,S/O.MADHAVAN, AGED 52, HIMAGIRI,ALUMKADAVU.P.O,KARUNAGAPPALLY,KOLLAM, (PRESENTLY DYSP CBCID,KOZHIKODE). BY ADV. SRI.BECHU KURIAN THOMAS RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFAIRS, THIRUVANANTHAPURAM. 2. DIRECTOR GENERAL OF POLICE, KERALA STATE POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE, CBCID, KOZHIKODE. GOVERNMENT PLEADER SRI.ANTONY MUKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.3344/10 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF THE LETTER DT 16.1.08 CONTAINING THE LIST OF OFFICERS TO BE INCLUDED IN THE SELECT LIST FOR PROMOTION AS SUPERINTENDENT OF POLICE. EXT.P2: TRUE COPY OF THE ORDER DT 5.2.2008 ISSUED BY 1ST RESPONDENT DIRECTING DEPARTMENTAL ENQUIRY AGAINST THE PETITIONER NUMBERED AS GO(RT) NO.394/2008/HOME. EXT.P2(a): TRUE COPY OF THE GOVERNMENT ORDER DT 6.8.08 NUMBERED AS GO(RT) NO.2492/2008/HOME. EXT.P3: TRUE COPY ORDER DT 1.12.2008 NUMBERED AS GO(RT) NO.3682/2008/HOME ISSUED BY THE 1ST RESPONDENT. EXT.P3(a): TRUE COPIES OF THE ORDER DT 11.2.2009 NUMBERED AS GO (RT) NO.493/2009/HOME ISSUED BY THE 1ST RESPONDENT. EXT.P4: TRUE COPIES OF THE ORDER OF THE 1ST RESPONDENT GRNATING SANCTION FOR PROSECUTING THE ACCUSED IN CRIME NO.246/CR/SIII/05. EXT.P4(a): TRUE COPIES OF THE ADDITIONAL DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM DT 3.10.2008 GRANTING SANCTION TO CHARGE SHEET THE ACCUSED INC RIME NO.246/CR/SIII/05. EXT.P4(b): TRUE COPIES OF THE REPORT OF SUPERINTENDENT OF POLICE DT 30.9.2007. EXT.P5: TRUE COPY OF THE NOTIFICATION NO.94343/A2/09/HOME DT 22.2.2010 PUBLISHED IN EXTRAORDINARY GAZETTE DT. 23.2.2010. EXTS. OF R1 ANNEXURE R1(a): TRUE COPY OF THE MEMO OF CHARGES ISSUED TO THE PETIITONER. //TRUE COPY// P.A. TO JUDGE Rp ANTONY DOMINIC, J. ================ W.P.(C) NO. 3344 OF 2010 (P) ===================== Dated this the 1st day of June, 2010 J U D G M E N T Petitioner is a Deputy Superintendent of Police. According to him, in Ext.P1 select list of Dy.S.Ps' fit for promotion as Superintendent of Police (Non IPS), he was included at Sl.No.43. It is stated that in order to sabotage his chances of promotion, disciplinary proceedings were got initiated, and by Ext.P2, an Enquiry was ordered, which was followed by Ext.P2(a) appointing an enquiry officer. It is stated that, thereafter, yet another disciplinary proceedings were initiated by Ext.P3, where also by Ext.P3(a), an enquiry officer was appointed. It is stated that till the time when the writ petition was filed, there was no appreciable progress in the disciplinary proceedings, as a result of which, he has already been overlooked in the matter of promotion to the higher post of Superintendent of Police (Non IPS). It was in these circumstances, he has filed this writ petition challenging the proceedings and also for a direction to consider his candidature for promotion. 2. Counsel for the petitioner submits that as far as WPC No. 3344/10 :2 : proceedings pursuant to Ext.P3 are concerned, the enquiry has already been concluded and that final orders are to be issued by the 2nd respondent, the disciplinary authority. In so far as proceedings pursuant to Ext.P2 are concerned also, counsel for the petitioner says that enquiry has been concluded and that final orders are awaited. 3. If as stated by the counsel for the petitioner, proceedings have concluded, it is imperative on the part of the disciplinary authority to pass final orders in the matter without any delay. 4. Taking into account the totality of circumstances, it is ordered that final orders in the disciplinary proceedings pursuant to Exts.P2 and P3 shall be passed by the disciplinary authority, as expeditiously as possible, at any rate within 8 weeks of production of a copy of this judgment. 5. The other grievance of the petitioner is that he has not been considered for promotion as and when Departmental Promotion Committees are held. The fact that disciplinary proceedings are held by itself does not render the petitioner ineligible to be considered. In such cases, rules require that the WPC No. 3344/10 :3 : candidate should be considered for promotion adopting sealed cover proceedings, which on culmination of the disciplinary proceedings, shall be opened, and appropriate final orders shall be passed consistent with the recommendation of the DPC. In view of this, it is directed that if in the meanwhile any Departmental Promotion Committee Meetings are held for considering candidates for promotion to the post of Superintendent of Police (Non IPS), subject to his eligibility, it is directed that his case shall also be duly considered adopting sealed cover procedure. 6. Petitioner may produce a copy of this judgment before the respondents for compliance. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp