IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI MONDAY, THE 14TH JANUARY 2008 / 24TH POUSHA 1929 WP(C).No. 634 of 2008(A) ------------------------ PETITIONER: ------------ PRATHAPAN.P., INSPECTING ASSISTANT COMMISSIONER (IB), DEPARTMENT OF COMMERCIAL TAXES, PALAKKAD. BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA SRI.K.A.BALAN SRI.PETER JOSE CHRISTO SRI.S.A.ANAND RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN 695 001. 2. COMMISSIONER OF COMMERCIAL TAXES, COMMISSIONERATE OF COMMERCIAL TAXES, PUBLIC OFFICE BUILDING, MUSEUM, THIRUVANANTHAPURAM, PIN 695 003. 3. DEPARTMENTAL PROMOTION COMMITTEE(HIGHER) DEPARTMENT OF COMMERCIAL TAXES, REPRESENTED BY ITS CONVENER, THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM PIN 695 001. BY GOVERNMENT PLEADER SRI. P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).634/2008 -------------------- Dated this the 14th day of January, 2008 JUDGMENT Petitioner, who is working as Assistant Commissioner, Special Circle II, in the Department of Commercial Taxes, Kozhikode District, faces disciplinary proceedings initiated as evidenced by Ext.P3 memo of charges dated 5.7.2007. Reply was submitted on 8.8.2007 as per Ext.P4. Petitioner's grievance is that the disciplinary proceedings have not been completed so far. He is due to retire on 31.3.2008. He has moved the Government as per Exts.P9 and P10 seeking an expeditious completion of the enquiry. I heard the learned counsel for the petitioner Mr.S.P.Aravindakshan Pillay and the learned senior Government Pleader Mr.Nandakumar. Learned Government Pleader submits that the Government could take a decision to conduct an enquiry as per Rule 15 of (CC & A) Rules, 1960 and final decision W.P.(C).634/2008 2 has not been taken in this regard. It may not be possible to complete the enquiry within the shortest time, as pleaded by the petitioner. After having heard the learned counsel on either side, taking note of the charges levelled under Ext.P3 and the fact that the explanation was submitted as per Ext.P4 on 8.8.2007, I am of the view, the first respondent may take such steps as are necessary, to see that the disciplinary proceedings initiated under Ext.P3 is finalized as early as possible at any rate on or before 15.3.2008. If on completion of enquriy and finalisation of disciplinary proceedings, the petitioner is exonerated from the charges, then the first respondent shall consider his claim for provisional promotion, keeping in mind the fact that he is due to retire on 31.3.2008. Writ petition is disposed of as above. V.GIRI, Judge mrcs