IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN WEDNESDAY, THE 25TH FEBRUARY 2009 / 6TH PHALGUNA 1930 WA.No. 84 of 2009() ------------------- AGAINST THE JUDGEMENT IN WPC.24997/2008 Dated 06/11/2008 .................... APPELLANT(S): -------------- MINI VASUDEVA SARMA N., SENIOR ACCOUNTANT, DISTRICT TREASURY, ERNAKULAM. BY ADV. SRI.P.SANTHALINGAM, SENIOR ADVOCATE SRI.KAYALATT KUTTYKRISHNAN RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY CHIEF SECRETARY TO GOVERNMENT, SECRETARIAT, THIRUVANANTHAPURAM, 2. THE SECRETARY, FINANCE, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM, 3. THE DIRECTOR OF TREASURY, DIRECTORATE OF TREASURIES, THIRUVANANTHAPURAM, GOVERNMENT PLEADER SRI.N.MANOJ KUMAR. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 25/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ. ---------------------------------------------- W.A. No.84 of 2009 ---------------------------------------------- Dated 25th February, 2009. J U D G M E N T Kurian Joseph, J. Appellant is the petitioner. She is aggrieved since she is denied promotion. Learned Special Government Pleader submits that only because of the involvement of the petitioner in vigilance cases, which are now charge-sheeted and pending before the Enquiry Commissioner and Special Judge, Thiruvananthapuram, the petitioner is not considered for promotion. Adv.Sri.Santhalingam, learned Senior counsel appearing for the appellant rightly points out that pendency of disciplinary action even for major penalty shall not stand in the way of the suitability being assessed by the Departmental Promotion Committee. The only bar is for promotion. Inclusion in the select list and consequential promotion can be effected only after the termination of the criminal cases. In other words, consequential action pursuant to the assessment, either for inclusion in the select list or for promotion arises only after the termination of the criminal cases. The Writ Appeal is hence WA NO.84/09 2 disposed of as follows : The suitability of the appellant/ petitioner shall be assessed in the next meeting of the Departmental Promotion Committee, but the inclusion in the select list, if found suitable and the promotion, if eligible shall be made only after the termination of the criminal cases pending before the Enquiry Commissioner and Special Judge, Thiruvananthapuram. The proceedings of the assessment will be kept in a sealed cover. In view of the fact that the proceedings leading to the criminal cases are of the year 1996-97, there will be a direction to the Enquiry Commissioner and Special Judge, Thiruvananthpauram to dispose of C.C.Nos.10/06, 11/06, 12/06, 13/06 and 14/06 expeditiously. I.A.No.96/09 : Dismissed. KURIAN JOSEPH, JUDGE. S.S.SATHEESACHANDRAN, JUDGE. tgs KURIAN JOSEPH & S.S.SATHEESACHANDRAN, JJ ---------------------------------------------- W.A. No.84 of 2009 ---------------------------------------------- J U D G M E N T Dated 25th February, 2009.