IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 23RD NOVEMBER 2010 / 2ND AGRAHAYANA 1932 WP(C).No. 25396 of 2010(Y) -------------------------- PETITIONER(S): --------------- R.ANIL KUMAR, INSPECTOR OF POLICE, VIGILANCE AND ANTICORRUPTION BUREAU, THIRUVANANTHAPURAM. BY ADV. SRI.M.P.ASHOK KUMAR SRI.S.N.SREEKANTH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP.BY SECRETARY TO GOVT., HOME DEPARTMENT, SECRETARIRAT, THIRUVANANTHAPURAM-695 001. 2. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER), POLICE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM-695 001. 4. K.P.KUBERAN NAMBOODIRI, DEPUTY SUPERINTENDENT OF POLICE, THAMARASSERY, KOZHIKODE DISTRICT 673 001. BY GOVERNMENT PLEADER SRI.P.NANDAKUMAR FOR R1 TO 3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 23/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 25396 of 2010(Y) -------------------------- PETITIONER'S EXTS: EXT.P1:- COPY OF RELEVANT PAGES OF THE PROVISIONAL SENIORITY LIST OF SUB INSPECTORS DTD.2.5.02. EXT.P2:- COPY OF RELEVANT PAGES OF THE ORDER DTD.6.1.05 EXT.P3:- COPY OF RELEVANT PAGES OF THE SENIORITY LIST OF CIRCLE INSPECTORS DTD.31.10.05. EXT.P4:- COPY OF THE SELECT LIST DTD.4.11.09 EXT.P5:- COPY OF THE ORDER DTD.25.7.09 EXT.P6:- COPY OF THE ORDER DTD.26.9.09 EXT.P7:- COPY OF THE ORDER DTD.31.3.2010 EXT.P8:- COPY OF THE REPRESENTATION EXT.P9:- COPY OF THE RELEVANT PAGES OF THE MINUTES OF DPC(HIGHER) HELD ON 11.3.2010. RESPONDENTS EXTS: NIL /TRUE COPY/ P.A.TO JUDGE S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.25396 OF 2010 --------------------------------------- Dated this the 23rd day of November, 2010 JUDGMENT The petitioner is a Circle Inspector in the Police Department of the Government of Kerala. Disciplinary proceedings are pending against him. His grievance in this writ petition is that because of disciplinary proceedings the petitioner is not being considered by the DPC for promotion to the post of Dy.S.P. I directed the learned Government Pleader to get instructions as to whether in assessing the suitability of the petitioner for promotion, the procedure under Note (i) of Rule 28(b)(i) of the KS & SSR has been complied with. Subsequently, I directed the respondents to convene a review DPC and to consider the petitioner's case under the said Note and to assign appropriate place to him in the select list, subject to the outcome of the disciplinary proceedings. The learned Government Pleader now submits that a review DPC has been convened on 27.10.2010 and the petitioner has W.P.(C)No.25396/10 2 been provisionally assigned appropriate place in the select list subject to the disciplinary proceedings. This submission is recorded and the writ petition is closed. S. SIRI JAGAN, JUDGE acd W.P.(C)No.25396/10 3