IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 28TH JANUARY 2011 / 8TH MAGHA 1932 WP(C).No. 34577 of 2010(V) --------------------------------------- PETITIONER(S): ------------------------ V.J.FRANCIS, SENIOR ACCOUNTANT, KERALA STATE CO-OPERATIVE BANK LTD., IDUKKI BRANCH. BY ADVS. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): -------------------------- 1. KERALA STATE CO-OPERATIVE BANK LTD., COBANK TOWERS, PALAYAM, THIRUVANANTHAPURAM, REP.BY ITS MANAGING DIRECTOR. 2. THE REGISTRAR, KERALA STATE CO-OPERATIVE BANK LTD., THIRUVANANTHAPURAM. R1 & R2 BY ADV. SRI.NAGARAJ NARAYANAN,SC,K.S.CO-OP BANK THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC. NO.34577/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE SENIORITY LIST OF EMPLOYEES UNDER THE IST RESPONDENT BANK AS ON 25.9.1987. P2:- COPY OF THE ORDER OF SUSPENSION ISSUED TO THE PETITIONER DTD. 25.4.2007. P3:- COPY OF THE ORDER DTD. 29.1.09 PASSED BY THE IST RESPONDENT BANK. P4:- COPY OF THE PROCEEDINGS OF IST RESPONDENT DTD. 13.10.2008. P5:- COPY OF THE NOTICE DTD. 15.9.2009 ISSUED TO THE PETITIONER BY THE IST RESPONDENT. P6:- COPY OF THE PROCEEDINGS DTD. 21.10.2009 ISSUED BY THE IST RESPONDENT. P7:- COPY OF THE PROCEEDINGS OF THE IST RESPONDENT DTD. 14.7.2010. P8:- COPY OF THE LETTER DTD. 14.5.2010 ISSUED BY THE GOVERNMENT TO THE IST RESPONDENT. P9:- COPY OF THE LETTER DTD. 17.6.2010 ISSUED BY THE PUBLIC INFORMATION OFFICER OF THE VIGILANCE DEPARTMENT. P10:- COPY OF THE ORDER DTD. 8.6.2010 ISSUED BY GOVERNMENT OF KERALA. P11:- COPY OF THE REPRESENTATION PREFERRED BY THE PETITINER TO THE BOARD OF DIRECTORS OF THE IST RESPONDENT BANK. RESPONDENT'S EXHIBITS R1(a):- COPY OF THE B.R. NO.116 DT. 24.7.2010. TRUE COPY P.A. TO JUDGE tss P.N. RAVINDRAN, J. ------------------------------- W.P.(C) No.34577 of 2010 ------------------------------- Dated this the 28th day of January, 2011 J U D G M E N T In this writ petition, the petitioner seeks a direction to the first respondent bank to promote him to the post of Accounts Officer with effect from 10.10.2008. In the alternative he seeks a direction to the first respondent to consider and pass orders on Ext.P11 representation submitted by him within a time limit to be fixed by this Court. 2. The petitioner is presently working as Senior Accountant in the Idukki branch of the first respondent bank. He was placed under suspension by Ext.P2 order dated 25.4.2007. After enquiry, the punishment of barring of 3 increments was awarded and he was reinstated in service by Ext.P3 order dated 29.1.2009. While matters stood thus, the Government issued Ext.P8 letter to the first respondent directing the first respondent to cancel the reinstatement of the petitioner and other employees in service, in view of the fact that an enquiry by the Vigilance Department is in progress. Later, after the vigilance enquiry, the Director of Vigilance and Anti Corruption Bureau reported to the Government that there is no material to prosecute the petitioner. The main greivance of the W.P.(C) No.34577 of 2010 2 petitioner is that though Government have accepted the said report, his claim for promotion has not yet been considered. It is stated that the petitioner has to retire from service on 31.3.2011 and therefore unless his claim for promotion is considered by the bank expeditiously, he will be put to serious prejudice. 3. The learned standing counsel appearing for the first respondent bank has filed a statement dated 20.1.2011 to the effect that the petitioner's claim for promotion will be considered after W.P. (C) No.16072 of 2010 filed by him is disposed of. I have by judgment delivered today disposed of the said writ petition with the observation that no further orders are called for in that writ petition, in view of the fact that the Government have accepted the report of the Vigilance & Anti Corruption Bureau and closed the vigilance enquiry against the petitioner. In such circumstances, the impediment which stood in the way of the petitioner being promoted no longer exists. It is for the first respondent bank to consider Ext.P11 representation and take an appropriate decision thereon in accordance with law. I accordingly dispose of the writ petition with a direction to the first respondent to consider Ext.P11 representation and take an appropriate decision thereon expeditiously and in any event within W.P.(C) No.34577 of 2010 3 two weeks from the date on which the petitioner produces a copy of this judgment before the first respondent. P.N. RAVINDRAN, JUDGE. nj.