IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH APRIL 2009 / 16TH CHAITHRA 1931 WP(C).No. 5123 of 2009(I) ------------------------- PETITIONER: --------------- JACOB JOHN, S/O.LATE N.K.JOHNEY, AGED 52, WORKING AS EXECUTIVE ENGINEER, KERALA STATE HOUSING BOARD, SABEENA COMPLEX, KANNUR. BY ADV. SRI.V.R.KESAVA KAIMAL SRI.N.M.MADHU RESPONDENT: --------------- THE KERALA STATE HOUSING BOARD, REPRESENTED BY ITS SECRETARY, SANTHI NAGAR, THIRUVANANTHAPURAM 695 001. ADV. SRI.A.JAYASANKAR, SC KSHB, TVM FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.5123 of 2009 -------------------------- Dated this the 6th April,2009 J U D G M E N T The petitioner is presently working as Executive Engineer and is facing disciplinary action now. Petitioner submitted Exhibit-P2 explanation to Exhibit-P1 memo of charges. By Exhibit-P3 he was informed that a formal enquiry has been ordered and an enquiry officer has also been appointed. Meanwhile the petitioner was asked to hold the full additional charge of Regional Engineer as per Exhibit-P5. 2. The petitioner submits that as the enquiry is not being completed it has affected his right to get promotion. The petitioner has also stated that a meeting of the D.P.C has been convened on 6.1.2009 and accordingly he prays for issuance of a direction to include his name for promotion as Regioinal Engineer without affecting his seniority. 3. Learned standing counsel for the respondent has filed a counter affidavit in the matter. In the counter W.P ( C) No.5123 of 2009 2 affidavit it is stated that there is one post of Regional Engineer/Deputy Chief Engineer, vacant with effect from 20.2.2009 due to the promotion granted to Sri.S.Sreeni, Regional Manager, Kochi Housing Unit as Chief Project Engineer. The petitioner is the second seniormost awaiting for promotion in the post of Regional Engineer/Deputy Chief Engineer. The Departmental Promotion Committee has prepared a select list excluding his name in the light of the disciplinary action which is worthy of attracting major penalties. It is also stated that enquiry report is awaited. 4. Therefore, there will be a direction to the respondent to complete the enquiry and finalise the entire action within a period of three months from the date of receipt of a copy of this judgment. Regarding the supersession of the petitioner by the Departmental Promotion Committee the petitioner will be free to agitate the matter before the appropriate authority. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.5123 of 2009 3 W.P ( C) No.5123 of 2009 4