IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 15TH SEPTEMBER 2009 / 24TH BHADRA 1931 WP(C).No. 25081 of 2009(E) -------------------------------- PETITIONER: -------------- C.R.VENUNATHAN, S/O.V.RAMASWAMY, AGED 54 YEARS, ASSISTANT EXCISE INSPECTOR, EXCISE RANGE OFFICE, KUZHALMANNAM, PALAKKAD DIST. BY MR.V.A.MUHAMMED, ADVOCATE. MR.M.SAJJAD, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE COMMISSIONER OF EXCISE, TRIVANDRUM. 3. THE CONVENOR, DEPARTMENTAL PROMOTION COMMITTEE (LOWER), EXCISE DEPARTMENT, TRIVANDRUM. BY MS.ANU SIVARAMAN, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V. GIRI, J. --------------------------------------- W.P.(C) No.25081 OF 2009 --------------------------------------- Dated this the 15th day of September, 2009. J U D G M E N T The petitioner is working as Assistant Excise Inspector. He is eligible to be considered for promotion as Excise Inspector. Earlier, by Exhibit P1, the petitioner was included in the list of persons ordered to be promoted as Excise Inspectors, on provisional basis. In fact, the petitioner was considered by the earlier Departmental Promotion Committee. But, the petitioner was not promoted since disciplinary action was pending against him. As evidenced by Exhibit P2, the said proceedings have not been concluded. The petitioner is yet to be promoted and hence this writ petition. 2. Learned Government Pleader on instructions submits that the petitioner's Confidential Reports have been considered by the D.P.C for the post which met on 22.07.2009. The D.P.C was apprised of the fact that disciplinary action against the petitioner was finalized two years ago. W.P.(C) No.25081/2009 2 In the circumstances, the 3rd respondent shall finalize the select list for the post of Excise Inspector and forward the same to the Government within a period of four weeks from the date of receipt of a copy of this judgment. Thereupon, the Government shall publish the list and effect promotions in pursuance thereof without any further delay. This writ petition is disposed of as above. V.GIRI, JUDGE smp