IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 1ST SEPTEMBER 2011 / 10TH BHADRA 1933 WP(C).No. 22586 of 2011(W) -------------------------- PETITIONER(S): --------------- A.R.VIJAYALEKSHMY, ASSISTANT DIRECTOR OF AGRICULTURE, NOW WORKING AS SUPERINTENDENT DISTRICT AGRICULTURE FARM, MAVELIKKARA, ALAPPUZHA DISTRICT. BY ADV. SRI.KRB.KAIMAL, SENIOR ADVOCATE SRI.S.SHAJI SRI.T.ISSAC RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, AGICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), AGRICULTURE DEPARTMENT REPRESENTED BY THE SECRETARY TO GOVERNMENT AGRICULTURE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 22586 OF 2011 APPENDIX PETITIONER'S EXHIBITS: P1: TRUE COPY OF THE MEMO OF CHARGES NO.26768/EA.308/AD DATED 28.3.2009 ISSUED BY R.1 TO THE PETITIONER. P2: TRUE COPY OF THE REPLY DATED 25.5.2009 SUBMITTED BY THE PETITIONER TO R1. P3: TRUE COPY OF THE JUDGMENT DATED 24.7.2009 OF THIS HON'BLE COURT IN W.P.(C).No. 20851/09. P4: TRUE COPY OF THE SHOW CAUSE NOTICE NO.26768/EA3/08/AD DATED 29.10.2010 ISSUED BY R.1 TO THE PETITIONER. P5: TRUE COPY OF THE REPLY DATED 17.1.2011 SUBMITTED BY THE PETITIONER TO R1. P6: TRUE COPY OF THE NOTIFICATION G.O.(RT)NO.105/11/AD DATED 16.4.2011 ISSUED BY R.1. P7: TRUE COPY OF THE G.O.(RT)NO.850/2011/AD DATED 9.5.2011. RESPONDENTS' EXHIBITS: NIL //TRUE COPY// P.A TO JUDGE C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.22586 OF 2011 -------------------------------------------- Dated this the 1st day of September, 2011 JUDGMENT The petitioner is presently working as an Assistant Director in the Department of Agriculture. As per Ext.P1, disciplinary proceedings were initiated against the petitioner. After the completion of the enquiry, the enquiry officer has submitted his report and pursuant to its receipt, Ext.P4 show cause notice dated 29.10.2010 was issued to the petitioner. The petitioner offered her reply as per Ext.P5 dated 17.1.2011. Despite its receipt, the disciplinary proceedings has not been finalised. On account of its non-finalisation, the petitioner has been overlooked in the matter of promotion to the post of Deputy Director. It is contended that on account of such circumstances, two juniors of the petitioner have already been promoted as Deputy Directors. The respondents are taking steps to effect further promotions to the said post, it is contended. In the said circumstances, it is contended that any further delay in the matter of finalisation of the disciplinary proceedings would virtually hamper her promotional prospects. W.P.(C) NO.22586 of 2011 2 2. I have heard the learned senior counsel appearing for the petitioner and also the learned Government Pleader. 3. Evidently, the disciplinary proceedings initiated as per Ext.P1 is in the final stage. After receiving the enquiry report, Ext.P4 show cause notice was issued to the petitioner and she has offered her explanation as per Ext.P5 dated 17.1.2011. It is a fact that even after seven months since the submission of the reply, the disciplinary proceedings were not finalised. The petitioner was overlooked in the matter of promotion during the pendency of the disciplinary proceedings. In the said circumstances, this Writ Petition is disposed of with a direction to the first respondent to finalise the disciplinary proceedings initiated against the petitioner as per Ext.P1, after considering the reply submitted by her as per Ext.P5, expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. In case, it culminated in an order favourable to the petitioner, the respondents shall take appropriate steps for considering the claim and entitlement of the petitioner for promotion in terms of the provisions under Rule 28 of Part II of the Kerala State & Subordinate Services Rules, 1958. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.22586 of 2011 3 C.T. RAVIKUMAR, J. JUDGMENT September, 2010 W.P.(C) NO.22586 of 2011 4