IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 5TH OCTOBER 2009 / 13TH ASWINA 1931 OP.No. 6409 of 1996(K) -------------------------------- PETITIONER: ------------------- N. PRABHAKARAN, CIRCLE INSPECTOR OF POLICE, KUTHIATHODE. BY ADV. MR.S.P.ARAVINDAKSHAN PILLAY. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPARTMENTAL PROMOTION COMMITTEE (HIGHER) FOR POLICE DEPARTMENT, REPRESENTED BY ITS CONVENER AND COMMISSIONER AND SECRETARY, HOME AND VIGILANCE DEPARTMENTS, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR GENERAL OF POLICE, KERALA, THIRUVANANTHAPURAM. R1 TO R3 BY GOVERNMENT PLEADER SMT. K.R. DEEPA. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 05/10/2009, ALONG WITH O.P. NO. 26598/1999, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 6409/1996-K: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER NO. A4.31990/88 DTD. 02/05/1988 OF THE DIRECTOR GENERAL OF POLICE WITH THE RELEVANT EXTRACT OF THE APPENDED SENIORITY LIST. EXT.P.2: COPY OF THE NOTIFICATION IN G.O.(RT).NO.75/96/HOME DTD. 06/01/1996. EXT.P.3: COPY OF THE ORDER NO. A2 (A) 34 (A)/PR/92 SR DTD. 18/11/1992 OF THE DEPUTY INSPECTOR GENERAL OF POLICE, SOUTHERN RANGE, THIRUVANANTHAPURAM. EXT.P.4: COPY OF THE ORDER ON C.M.P. 36591/95 IN O.P. 20116/95-T OF THIS HONOURABLE COURT, DT. 22/12/1995. EXT.P.5: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.2. DT. 19/01/1996. EXT.P.6: COPY OF THE NOTIFICATION IN G.O.(RT).NO.648/96/HOME DTD. 16/03/1996. EXT.P.7: COPY OF THE G.O.(RT).NO.655/96/HOME DTD. 18/03/1996. EXT.P.8: COPY OF THE ORDER NO. A2 (A) 37/PR/88/SR DTD. 02/05/1989 OF THE DEPUTY INSPECTOR GENERAL OF POLICE, SOUTHERN RANGE, THIRUVANANTHAPURAM. EXT.P.9: COPY OF THE ORDER NO. A2.76/PR/89 CR DTD. 03/05/1990 OF THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, ERNAKULAM. EXT.P.10: COPY OF THE ORDER NO. A2 (A)-29/P.R/90-SR DTD. 29/10/1990 OF THE DEPUTY INSPECTOR GENERAL, SOUTHERN RANGE, THIRUVANANTHAPURAM. EXT.P.11: COPY OF THE A2.16/P.R/91 C.R. DTD. 21/10/1991 OF THE DEPUTY INSPECTOR GENERAL OF POLICE, CENTRAL RANGE, ERNAKULAM. EXT.P.12: COPY OF THE G.O.(RT).NO.457/96/HOME DTD. 20/02/1996. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. ================== O.P.Nos.6409/96 & 26598/1999 ================== Dated this the 5th day of October, 2009 J U D G M E N T O.P.No.26598/1999 is filed challenging disciplinary proceedings against the petitioner culminating in imposition of punishment of barring of one increment for six months without cumulative effect, while he was working as C.I of Police. O.P.No.6409/1996 is filed challenging his supersession for promotion to the post of Dy. Superintendent of Police, on the ground of the punishment imposed on him, which is the subject matter of challenge in O.P.No.26598/1999. On 9.4.1996 in O.P.No. 6409/96, a learned Single Judge of this Court passed the following order: “Government Pleader takes notice for respondents. 2. It is the definite case of the petitioner that he is eligible to be considered for promotion to the post of Deputy Superintendent of Police, even though his name does not find a place in the list prepared by the Departmental Promotion Committee. The reason stated for the non- inclusion of his name, according to the counsel for the petitioner, is on account of the punishment imposed on him barring an increment for a period of six months without cumulative effect. When it was challenged before this Court, this Court had directed the Departmental Promotion Committee to consider the case of the petitioner for promotion to the post of Deputy Superintendent of Police ignoring the punishment of barring the increments for six months. Despite the direction given by this Court, according to the counsel for the petitioner, the DPC again did not consider his name for promotion and, at the same time, his juniors were given promotion and, as a matter of fact, the petitioner has to work under his juniors. 3. I do not find any reason for denying promotion to the petitioner to the post of the Deputy Superintendent of Police. Therefore, there will be an interim direction to the respondents to provisionally promote the petitioner to the post of Deputy Superintendent of Police 2 within two weeks from the date of receipt of a copy of this order, pending disposal of the original petition.” The counsel for the petitioner submits that pursuant to the said interim order the petitioner was promoted as Deputy Superintendent of Police and he subsequently retired from service on superannuation on 31.12.2002. In the above circumstances, I do not find it necessary to consider these original petitions on merits. Accordingly, these original petitions are closed with the observation that the petitioner would be entitled to keep all benefits which he has obtained on the basis of the interim order dated 9.4.1996 and to continue to enjoy consequential benefits in respect of his retirement benefits. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== O.P.Nos.6409/96 (K) & 26598/1999(N) ================== J U D G M E N T 5th October, 2009