IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH SEPTEMBER 2009 / 18TH BHADRA 1931 WP(C).No. 6692 of 2009(F) ------------------------- PETITIONER: ------------------ G.PAUL RAJU, CONSTABLE NO. 001480045, S/O. JEEVA RATNAM, AGED 33 YEARS, LDCE ROLL NO. 4012, CISF UNIT, CIAL, KOCHI, KERALA 683 111. BY ADV. MR. B.N.SHIV SANKER RESPONDENTS: --------------------- 1. DIRECTOR GENERAL, CENTRAL INDUSTRIAL SECURITY FORCE, CISF HEAD QUARTERS, BLOCK NO.13, C.G.O'S COMPLEX, LODHI ROAD, NEW DELHI 110 003. 2. UNION OF INDIA REPRESENTED BY THE SECRETARY TO THE MINISTRY OF HOME AFFAIRS, NEW DELHI. ADV. MR. P.PARAMESWARAN NAIR, ASST.SOLICITOR GENERAL THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 6692 of 2009(F) APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE EASTERN ZONE LIST OF PERSONS QUALIFIED FOR PROMOTION. P2: COPY OF THE JUDGMENT IN M.C.No.1/2005 DATED 15.02.2007. P3: COPY OF THE ORDER DATED 02.12.2008. P4: COPY OF THE ORDER OF HON'BLE HIGH COURT OF KERALA IN W.P.(C). No.28730/2008 DATED 13.10.2008. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // P.A. TO JUDGE kkms/ V.GIRI, J. = = = = = = = = = = = = = = == = = = = = = W.P.(C). No. 6692 OF 2009 = = = = = = = = = = = = = == = = = = = = = Dated this the 9th day of September 2009. JUDGMENT Petitioner is working as a Constable in the CISF. He was included in the rank list of persons qualified for promotion to the post of Sub Inspector through the Limited Departmental Competitive Examination (LDCE). He was not sent for training on account of the pendency of Crime No.153/2004 currently on the files of Judicial First Class Magistrate, Madhira registered at the instance of his wife. Later, pursuant to the order passed by this Court, he has been sent for training, subject to the undertaking that he will reimburse the expenses of the training if he is ultimately convicted in the criminal case. What remains is the question as to whether the petitioner should treated as eligible to have been included in the list with reference to Ext.P1. 2. If the petitioner is acquitted of the criminal case pending against him, then the question of including him on a par with the other persons including in Ext.P1 list shall be W.P.(C). No. 6692 OF 2009 2 considered and decision taken by the first respondent at that point of time. Needless to say, if he is acquitted, then his participation in the training shall also be treated as regular. Subject to the above, the writ petition is disposed of. (V.GIRI) JUDGE kkms/