IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH MARCH 2011 / 18TH PHALGUNA 1932 WP(C).No. 36526 of 2010(M) ---------------------------------------- PETITIONER(S): ------------------------ PUSHPARAJAN, S/O.LASER THOMSON, AGED 54 SELECTION GRADE ACCOUNTANT,SUB TREASURY, MANANTHAVADY , RESIDING AT HOUSE NO.VIII/41, ILLULAPPARACHAL P.O.,KURUVILA CITY RAJAKUMARI VILLAGE, IDUKKI DISTRICT BY ADV. SMT.DHANYA P.ASHOKAN RESPONDENT(S): -------------------------- 1. THE STATE OF KERALA, REP.BY THE PRINCIPAL SECRETARY TO GOVERNMENT FINANCE DEPARTMENT, THIRUVANANTHAPURAM-695 001 2. DIRECTOR OF TREASURIES, DIRECTORATE OF TREASURIES, POWER HOUSE ROAD, THIRUVANANTHAPURAM-695 036 3. JOINT DIRECTOR,DIRECTORATE OF TREASUREIS POWER HOUSE ROAD,THIRUVANANTHAPURAM-695 036 4. THE DISTRICT TREASURY OFFICER, DISTRICT TREASURY,KASARAGOD-671 123 R1 TO R4 BY GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts WP(C)NO.36526/2010 APPENDIX PETITIONER'S EXHIBITS: P1 COPY OF THE SUSPENSION ORDER NO.SS1/10138/97 DATED 29/09/1997 OF THE 2ND RESPONDENT. P2 COPY OF THE ORDER NO.SS1/20972/10138/97 DATED 19/09/1998 OF THE 2ND RESPONDENT. P3 COPY OF THE ORDER NO.B2/106/03 DATED 02/12/2003 OF THE 2ND RESPONDENT P4 COPY OF THE STATE WISE SENIORITY LIST OF SELECTION GRADE ACCOUNTANTS OF TREASURY DEPARTMENT FOR THE PERIOD FROM 01/01/2003 TO 31/01/2003. P5 COPY OF THE ORDER NO.3421/2004/VIG DATED 29/09/2004 OF THE 2ND RESPONDENT. P6 COPY OF THE COMMUNICATION DATED 18/03/2009 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. P7 COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER DATED 23/09/2010 BEFORE THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL /TRUE COPY/ P.A.TO.JUDGE sts S. SIRI JAGAN, J. ----------------------------------- W.P.(C) No.36526 OF 2010 --------------------------------------- Dated this the 9th day of March, 2011 JUDGMENT The petitioner was suspended in 1997 while working as Senior Accountant in the Department of Treasury. Subsequently, he was reinstated and was promoted as Selection Grade Assistant by Ext.P3 proceedings in 2003. While so, he was again placed under suspension in connection with a criminal case in 2004 and subsequently reinstated in 2006. The petitioner was not considered for promotion in view of the pendency of the criminal proceedings. Later, the petitioner was acquitted in that criminal case by judgment dated 31.7.2009 of the criminal court. But, another criminal case stated to be under Section 138 of the Negotiable Instruments Act is still pending. The petitioner is not being considered for promotion as Junior Superintendent on that ground. At the same time, his juniors have been promoted. According to the petitioner, pendency of a criminal case under Section 138 of the Negotiable Instruments Act cannot be a bar for considering the petitioner for promotion, insofar as it is settled law that offence under Section 138 of the Negotiable Instruments Act does not attract any moral turpitude. The petitioner further submits, a person, who was W.P.(C)No.36526/10 2 also accused in the first criminal case, has been subsequently given promotion. In the above circumstances, the petitioner has filed Ext.P7 representation before the 2nd respondent. The petitioner seeks a direction to the 2nd respondent to consider and pass orders on Ext.P7 expeditiously. Having heard the learned Government Pleader also, I dispose of this writ petition with a direction to the 2nd respondent to consider and pass orders on Ext.P7 as expeditiously as possible, at any rate, within two months from the date of receipt of a copy of this judgment, after affording an opportunity of being heard to the petitioner. Notwithstanding the fact that the petitioner is to retire on 31.3.2011, if the 2nd respondent ultimately holds that the petitioner is entitled to promotion, the petitioner would be entitled to monetary benefits arising from such promotion. It would be open to the 2nd respondent to hear others who may be affected by any favourable orders on Ext.P7 to the petitioner. S. SIRI JAGAN, JUDGE acd W.P.(C)No.36526/10 3 W.P.(C)No.36526/10 4