IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 16801 of 2008(A) -------------------------- PETITIONER: ------------ R.CHANDRASENAN,RETD BLOCK DEVELOPMENT OFFICER, ANUGRAHAM MURUKA NAGAR, PERUNNA PO., CHANGANASSERY-686102. BY ADV. SRI.P.RAMAKRISHNAN RESPONDENTS: ------------- 1. STATE OF KERALA, REP. BY THE SECRETARY, LOCAL SELF GOVERNMENT DEPARTMENT THIRUVANANTHAPURAM 2. THE COMMISSIONER FOR RURAL DEVELOPMENT LMS, COMPOUND, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).16801/2008 -------------------- Dated this the 18th day of June, 2008 JUDGMENT Petitioner, while working as Block Development Officer, was considered by the DPC for the post of Assistant Development Commissioner and included in Ext.P1 select list. While so, he was suspended from service, pending disciplinary action under Ext.P2. Ext.P3 memo of charges were issued, to which the petitioner submitted Ext.P4 written statement. The enquiry was not completed expeditiously and in the meanwhile, select list was operated upon and eight persons junior to the petitioner were promoted as Assistant Development Commissioner, as evidenced by Ext.P5. Pursuant to a motion made by the petitioner before this Court in Writ Petition No.24056/2007, a direction was issued by this Court vide Ext.P6 judgment. Disciplinary action was completed and by Ext.P8 order, a punishment of barring three increments without cumulative effect, was imposed on the petitioner along with a direction for recovery of an amount of Rs.2,06,250/- with 12% interest. In the wake of W.P.(C).16801/2008 2 the order of punishment, petitioner is not being considered for promotion in spite of his inclusion in Ext.P1 list. Hence the writ petition. 2. When the writ petition was filed and moved, apparently, petitioner was not served the order by which the disciplinary proceedings initiated against him was finalized pursuant to a direction issued by this Court on 6.6.2008. Copy of the said order has been served on the petitioner. The said order is appealable under the K.C.S. (C.C & A) Rules. 3. I heard learned counsel for the petitioner Smt.Preethy Ramakrishnan and the learned Government Pleader. 4. Petitioner is entitled to prosecute an appeal against the order by which disciplinary proceedings, initiated against him, have been finalized by the second respondent. In the result, if the petitioner files an W.P.(C).16801/2008 3 appeal before the Government within one month from today, it shall be considered and orders passed thereon, within a period of three months, thereafter. Recovery pursuant to Ext.P13 shall stand stayed till orders are passed on the said appeal by the Government. It is made clear that if the petitioner is exonerated from the charges by the appellate authority, he shall be considered for promotion to the post of Assistant Development Commissioner on the strength of his inclusion in Ext.P1 select list, with reference to the date on which his juniors were promoted. Writ petition is disposed of as above. V.GIRI, Judge mrcs