IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 24TH FEBRUARY 2009 / 5TH PHALGUNA 1930 WP(C).No. 5514 of 2009(H) ------------------------- PETITIONER: --------------- P.P.KRISHNAN, REGIONAL TRANSPORT OFFICER KOLLAM, AGED 53 YEARS, S/O.K.PADMANABHAN, PERMANENT RESIDENCE: MULAMKUZHITHADAM HOUSE, PULLUVAZHI P.O., VAZHI KEEZHILLAM, PERUMBAVOOR, ERNAKULAM DISTRICT. BY ADV. SRI.C.S.MANU RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT OF KERALA, TRANSPORT (C) DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT VIGILANCE (A) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 3. DIRECTOR OF VIGILANCE, VIGILANCE & ANTI-CORRUPTION BUREAU, THIRUVANANTHAPURAM. 4. DEPARTMENTAL PROMOTION COMMITTEE (FOR PROMOTION TO THE POST OF DEPUTY TRANSPORT COMMISSIONER), GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRMAN. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.5514 of 2009 -------------------------- Dated this the 24th February,2009 J U D G M E N T Petitioner is working as Regional Transport Officer at Kollam. He was promoted as Regional Transport Officer on 12.9.2005. He was involved in a case initiated by one Jobin Joe, which resulted in the filing of Crl. M.P. No.2080 of 2007 before the Enquiry Commissioner and Special Judge, Thrissur. By Exhibit-P1 order, the learned Special Judge forwarded the complaint to the Director of Vigilance for enquiry and report. 2. The petitioner filed CrlM.C No.1815 of 2008 before this Court seeking to quash the said complaint. The said Crl. M.C. stands admitted and an interim order has been passed as per Exhibit-P2 in the following terms: “Heard. Admitted. Notice given and the learned Public Prosecutor appears for R1 and 3. Issue notice to R2 by speed post acknowledgment due. Put up after service is complete. There shall be a direction that Annexure A1 order shall not be reckoned to the disadvantage of the petitioner for any purposes whatsoever, until further orders.” W.P ( C) No.5514 of 2009 2 3. According to the petitioner, he was served a copy of Exhibit-P2 to the respondents 1 and 3. He is aspiring for promotion to the post of Deputy Transport Commissioner in the existing vacancies. He is fairly senior in the cadre of Regional Transport Officer. Anticipating the meeting of the Departmental Promotion Committee, he has filed Exhibit-P3 representation seeking to include his name in the select list . Exhibit-P4 is the communication dated 10.2.2009 issued from the Director of Vigilance and Anti Corruption Bureau addressed to the Additional Chief Secretary to Government furnishing information regarding the vigilance case pending against him. In the said report, there is no mention about Exhibit-P2 interim order passed by this Court. If the said order is withheld from the records it will cause hardship to him, contends the petitioner. 4. The petitioner further contends that merely because there is a vigilance enquiry pending against him, that cannot be taken as a ground to exclude him from his consideration for promotion. W.P ( C) No.5514 of 2009 3 5. In these circumstances, the petitioner seeks for a direction to the respondents 1 and 2 to place the case of the petitioner before the 4th respondent for considering him for promotion to the post of Deputy Transport Commissioner in its meeting scheduled to be held on 27.2.2009. Along with I.A. No.2768 of 2009, petitioner has produced a copy of representation dated 20.2.2009 addressed to the Additional Chief Secretary to Government, Transport (C) Department explaining the facts leading to the vigilance case and the interim order passed by the Vigilance Court as well as Exhibit-P2 order in Crl.M.C No.1815 of 2008 passed by this Court. Exhibit- P7 is a copy of representation he has filed before the Director of Vigilance and Anti Corruption Bureau requesting that the order dated 23.5.2008 in Crl.M.C. No.1815 of 2008 may be placed before the Government for making it available to the D.P.C for considering his name. Seeking for the said relief, he has filed Exhibit-P8 before the Transport Commissioner also. 6. In the light of Exhibit-P2 order passed by this Court, Annexure A1 order dated 23.2.2008 passed in Crl. W.P ( C) No.5514 of 2009 4 M.P.2080 of 2007 by the Enquiry Commissioner and Special Judge cannot be reckoned to the disadvantage of the petitioner for any purpose whatsoever. In the result, the writ petition is disposed of directing the respondents to consider the request made by the petitioner in Exhibits P6 to P8 and take appropriate action thereon to place his name before the Departmental Promotion Committee and in due compliance with Exhibit- P2 order passed by this Court. The same shall be done before the next meeting is convened. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.5514 of 2009 5 W.P ( C) No.5514 of 2009 6