IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 9TH JANUARY 2009 / 19TH POUSHA 1930 WP(C).No. 952 of 2009(L) ---------------------------------- PETITIONER(S): ------------------------ K.LALJI, S/O.KUTTAN, AGED 42, CIRCLE INSPECTOR OF POLICE, MATTANCHERRY, KOCHI-2, RESIDING AT SOPANAM, HARITHA NAGAR, CHAMPAKKARA, KOCHI-38. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.S.VAIDYANATHAN SRI.P.PRIJITH RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY (HOME DEPARTMENT), GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), GOVERNMENT SECRETARIAT, TRIVANDRUM. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, TRIVANDRUM. 4. SRI.P.H.ASHRAF, SUPERINTENDENT OF POLICE CBCID SIG-II, ERNAKULAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 952 of 2009-L - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 9th day of January, 2009. JUDGMENT The petitioner has approached this court with the following reliefs: i) Issue a writ of mandamus or other writ order or direction compelling the 2nd respondent to consider the name of petitioner in its next meeting for preparing the select list of Circle Inspector of Police fit for promotion to the post of Deputy Superintendent of Police in accordance with the procedure prescribed in Note 1 to Rule 28(b)(i) (7) of KS & SSR. ii) Issue a writ of mandamus of other writ, order or direction compelling the 4th respondent to complete the disciplinary proceedings initiated against the petitioner in pursuance of Exts.P5 and P6 and submit P.R. Minutes within a time limit to be fixed by this Hon'ble Court; iii) Issue such other writ order or direction as may be necessary in the interest of justice.” 2. The petitioner is working as Circle Inspector of Police. He was promoted as Circle Inspector of Police on 2.5.2003 and regularised with effect from 2.2.2003. It is his contention that he is eligible to be promoted as Deputy Superintendent of Police and his name has been included in WPC 952/2009 2 Ext.P1. He is serial No.85 in the Annexure to Ext.P1. Exts.P2, P3 and P4 are Confidential Reports relating to the petitioner for various periods wherein he has been graded as “outstanding”. It is pointed out that for the rest of the period also he has been graded as “outstanding”. An enquiry has been ordered against the petitioner by the third respondent as per proceedings dated 18.1.2008. This is evident from Ext.P5. With regard to the same incident, a complaint as C.M.P.No.4079/2007 is pending before the Judicial First Class Magistrate's Court, Kochi. The petitioner has already submitted his explanation denying the charges and the enquiry was posted lastly on 27.12.2008 which is evidenced by Ext.P7 notice. 3. It is the apprehension of the petitioner that in view of the pendency of the disciplinary proceedings, there is every chance of excluding him from the zone of consideration for promotion. The petitioner has approached this court seeking for a direction for completion of the enquiry within a specified time. 4. There will be a direction to the 4th respondent to see that the enquiry against the petitioner is completed within a period of three months from today. Meanwhile, there will be a further direction to the second respondent to consider the eligibility of the petitioner for inclusion in the select list in accordance with Note 1 to Rule 28(b)(i)(7) of the Kerala State WPC 952/2009 3 and Subordinate Service Rules. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/