IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 11TH OCTOBER 2010 / 19TH ASWINA 1932 WP(C).No. 13179 of 2010(V) -------------------------- PETITIONER(S): --------------- T. GOPI, MANAGER, EXCISE DIVISION OFFICE, WAYANAD. BY ADV. SRI.B.GOPAKUMAR RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT, TAXES (F) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) IN EXCISE DEPARTMENT, REPRESENTED BY ITS CONVENOR AND SECRETARY TO TAXES (F) DEPARTMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE COMMISSIONER OF EXCISE, GOVERNMENT OF KERALA, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. GOVERNMENT PLEADER P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 13179/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE LETTER DTD.2.9.08. P2. COPY OF THE APPEAL DTD.10.2.2010. P3. COPY OF THE PETITION DTD.10.12.08. P4. COPY OF THE GOVT. ORDER DTD.4.12.08. P5 COPY OF THE PETITION DTD. 27.2.2010. P6. COPY OF THE NOTIFICATION DTD.29.3.2010. P7. COPY OF THE PETITION DTD.10.4.2010. P8. COPY OF THE LETTER DTD.30.12.2009. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No.13179 of 2010 ================== Dated this the 11th day of October, 2010 J U D G M E N T The petitioner is aggrieved by disciplinary proceedings against the petitioner and superseding him for promotion by the Departmental Promotion Committee. The petitioner, therefore, seeks the following reliefs: “i. issue a writ of certiorari or any other appropriate writ, direction or order quashing Exts.P4 & P6 to the extent to which the petitioner is superseded without considering his established seniority. ii. issue a writ of mandamus or any other appropriate writ, direction or order commanding the respondents to see that all steps are taken for reviewing Exts.P4 and P6 by the 2nd respondent and the petitioner is promoted as Asst. Excise Commissioner and Deputy Commissioner of Excise respectively restoring his seniority and declaring his super session as illegal and void abinitio.” 2. The learned counsel for the petitioner now submits that for the present, the petitioner would be satisfied with a direction to consider and pass orders on Ext.P2 by the 1st respondent, Exts.P5 and P7 by the 2nd respondent and Ext.P3 by the 3rd respondent. 3. I have heard the learned Government Pleader also. 4. Having heard both sides, I dispose of this writ petition with the following directions: The 1st respondent shall consider and pass orders on Ext.P2 as expeditiously as possible, at any rate, within three months from the date of receipt of a certified copy of this judgment, after affording an w.p.c.13179/10 2 opportunity of being heard to the petitioner. The 2nd respondent shall consider and pass orders on Exts.P5 and P7, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. The 3rd respondent shall consider and pass orders on Ext.P3, as expeditiously as possible, at any rate, within one month from the date of receipt of a certified copy of this judgment Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge