IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 9TH FEBRUARY 2009 / 20TH MAGHA 1930 WP(C).No. 37533 of 2008(R) -------------------------- PETITIONER(S): --------------- JUSTINE ABRAHAM, SUB INSPECTOR OF POLICE, KALPETTA (TRAFFIC), RESIDING AT KADUGAMMAKKAL, KALLANODE, CALICUT. BY ADV. SRI.NIRMAL. S RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME AFFARIS, SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER, ADV.SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/02/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.37533/2008-R ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 9th day of February, 2009 J U D G M E N T The petitioner is working as Sub Inspector. He is working now at Kalpetta in Traffic Station. He joined service on 05/05/2003. He is also qualified for promotion to the post of Circle Inspector. In January 2008, 52 Sub Inspectors were promoted as Circle Inspectors and another batch of Circle Inspectors were promoted in July 2008. According to the petitioner, there is nothing adverse against him in the Annual Confidential Report also. But unfortunately, the Superintendent of Police has noted that the performance of the officer is not satisfactory. He has filed an appeal before the Government against that. The adverse remarks relate to two minor punishments. They are produced as Exts.P2 and P3. He was also given a minor punishment of censure as per Ext.P4 order. Against these orders he has filed separate appeals which are pending. The Ext.P7 will show that he has been exonerated from the allegations raised against him in respect of Cr. Nos.96/07and 97/2007 in the Kenichira Police Station. 2. According to him Departmental Promotion Committee ought to have considered his claim for promotion. W.P.(C) No.37533/2008 -:2:- 3. Ext.P9 is the select list published by the D.P.C dated 20/05/2008. The same does not show that his claim was considered. 4. The petitioner has filed Ext.P8 representation before the Director General of Police seeking for inclusion in the select list by the D.P.C. The issue is whether his name could be included in the said select list or not. Since it is a matter to be decided by the competent authority, this Court at this stage is not going into the merits of the contentions. The representation, pending before the Director General of Police will be considered in accordance with law and appropriate orders will be passed therein within a period of two months from the date of receipt of the copy of this judgment The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms