IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 16876 of 2009(D) --------------------------------------- PETITIONER(S): ------------------------ AJITH KUMAR.S, CIRCLE INSPECTOR OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. BY ADV. MR.K.SASIKUMAR RESPONDENT(S): ------------------------- 1. DIRECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM. 2. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 16876 of 2009 -D ------------------------------ Dated this the 30th day of June, 2009. J U D G M E N T The petitioner entered service as Sub Inspector of Police in the year 1995. He was promoted to the category of Circle Inspector of Police by Ext.P1 order dated 9.10.2002 and he joined duty as Circle Inspector of Police on 20.4.1995. Thereafter he was placed under suspension on 19.1.2003 in connection with a vigilance case registered against him and he continued under suspension till 8.8.2004. In the meanwhile C.C.No.32 of 2004 was filed in the Court of the Commissioner and Special Judge against the petitioner. The said case is still pending. Therefore the petitioner’s reinstatement was without prejudice the prosecution pending against him. The petitioner’s grievance is that though he has completed the period of probation in the category of Circle Inspector of Police, his probation has not so far declared and as a result thereof many of his juniors have been promoted to the category of Deputy Superintendent of Police. The petitioner has filed this writ petition seeking a writ in the nature of mandamus commanding the respondents to declare his probation in the category of Circle Inspector of Police and to consider his request for promotion to the category of Deputy Superintendent of Police. W.P(C) No. 16876 of 2009 -D 2 2. The learned Government Pleader appearing for the respondents submits on instructions that the petitioner’s probation in the category of Circle Inspector of Police has not so far been declared in view of the pendency of C.C.No.32 of 2004 on the file of the Commissioner and Special Judge, Kozhikode. The pleadings disclose that the petitioner has moved the Director General of Police by submitting Ext.P5 representation seeking declaration of his probation in the category of Circle Inspector of Police and also seeking promotion to the post of Deputy Superintendent of Police. Ext.P5 representation dated 5.6.2009. This writ petition was thereafter filed on 17.6.2009. In my opinion, the petitioner ought to have awaited the outcome of the representation filed before the Director General of Police before seeking the intervention of this Court. Since the petitioner has already moved the Director General of Police by submitting Ext.P5 representation, I am of the opinion that the Director General of Police should consider Ext.P5 and take a decision thereon expeditiously. I accordingly dispose of this writ petition with the direction to the Director General of Police to consider the request made by the petitioner in Ext.P5 representation and take a decision thereon expeditiously and in any event within three months from the date of receipt of a copy of this judgment. It will open to the Director General of Police, if he feels W.P(C) No. 16876 of 2009 -D 3 necessary, to afford the petitioner a reasonable opportunity of being heard. The petitioner shall in order to enable the Director General of Police to comply with the direction issued herein, produce before him a certified copy of this judgment. P.N.RAVINDRAN, JUDGE ab