Kerala High Court
G.Lakshman Ips (Kl 1997) vs State Of Kerala on 11 November, 2019
Author: K.Vinod Chandran
Bench: K.Vinod Chandran, V.G.Arun
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 11TH DAY OF NOVEMBER 2019 / 20TH KARTHIKA, 1941
OP (CAT).No.4592 OF 2013(Z)
AGAINST THE ORDER IN OA 1083/2013 DATED 03-12-2013 OF CENTRAL
ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH
PETITIONER/S:
G.LAKSHMAN IPS (KL 1997), AGED 40 YEARS
S/O.GOLIYA, SUPERINTENDENT POLICE, CB CID,
OCW 1,ENCHAKKAL, VALLAKKADAVU P.O.,
THIRUVANANTHAPURAM -695008
BY ADVS.
SRI.C.S.MANU
SRI.S.K.PREMRAJ
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE CHIEF SECRETARY,
SECRETARIAT,THIRUVANANTHAPURAM 695001
2 SCREENING COMMITTEE GAD SPL.SC
SECRETARIAT, THIRUVANANTHAPURAM 695 001
REPRESENTED BY ITS CHAIRMAN,
CHIEF SECRETARYTO GOVT. OF KERALA.
3 STATE POLICE CHIEF
POLICE HEADQUARTERS,VAZHUTHACAUD, THIRUVANANTHAPURAM
-695 014
4 UNION OF INDIA
MINISTRY OF HOME AFFAIRS, GOVT. OF INDIA,NORTH BLOCK
CENTRAL SECRETARIAT,NEW DELHI - 110001 REPRESENTED BY
ITS SECRETARY.
5 MR.MAHIPAL YADAV IPS
DIG OF POLICE, CBI, CBI HEADQUARTERS,LODHI ROAD, NEW
DELHI 110001
OP (CAT).No.4592 OF 2013(Z) ..2..
6 MR.VIJAYA SREEKUMAR IPS
DIG, SECURITY, SC CID HEAD QUARTERS,PATTOM,
THIRUVANANTHAPURAM 695 004
R4 BY ADV. SHRI.P.VIJAYAKUMAR, ASG OF INDIA
SR.GP SRI.ANTONY MUKKATH
THIS OP (CAT) HAVING BEEN FINALLY HEARD ON 11.11.2019, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP (CAT).No.4592 OF 2013(Z) ..3..
JUDGMENT
K.Vinod Chandran,J.
The petitioner, who is the applicant before the Tribunal, claimed for promotion to the post of Deputy Inspector General of Police from the date of promotion of his immediate junior, the 3rd respondent. The claim was for promotion as on 28.01.2011. The Tribunal found that the petitioner was awarded a penalty of severe warning in a disciplinary proceedings initiated against him in 2012.
2. In such circumstances, he would have been bypassed and his recommendation kept in a sealed cover, for reason of the pending proceedings or the imposition of penalty. In any event, we notice that the order itself indicates that the learned OP (CAT).No.4592 OF 2013(Z) ..4.. Counsel appearing for the petitioner sought only for consideration of the representation filed before the 2nd respondent. In such circumstances, there was no scope for further challenge to the order. It is made clear that the dismissal of the original petition does not affect any decision taken or to be taken on consideration of the representation, as directed by the Tribunal.
This original petition is dismissed, leaving the parties to suffer their respective costs.
Sd/-
K.VINOD CHANDRAN JUDGE Sd/-
V.G.ARUN JUDGE SB/13/11/2019 OP (CAT).No.4592 OF 2013(Z) ..5..
APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT TRUE COPY OF THE O.A.NO.1083 OF 2013 ON THE P1 FILES OF THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM.
ANNEXURE TRUE COPY OF THE LIST BEARING A1 NO.I.21023/04/2011-IPS-IV DATED 28.2.2011.
ANNEXURE TRUE COPY OF THE LETTER NO.6932/SPL.C2/2010/GAD A2 DATED 12.3.2010.
ANNEXURE TRUE COPY OF THE ORDER IN GO(RT) NO.714/2011/GAD A3 DATED 28.1.2011.
ANNEXURE TRUE COPY OF THE ORDER NO.GO(RT) A4 NO.4387/2013/GAD DATED 29.5.2013.
ANNEXURE TRUE COPY OF APPEAL MEMORANDUM SUBMITTED BY THE A5 APPELLANT DATED 19.6.2013.
ANNEXURE TRUE COPY OF THE LETTER NO.A1-79767/2012 DATED A6 16.8.2012.
ANNEXURE TRUE COPY OF THE LETTER NO.59909/SPL.C2/2013/GAD A7 DATED 21.8.2013.
ANNEXURE TRUE COPY OF THE REPRESENTATION DATED 21.9.2013 A8 SUBMITTED BY THE APPLICANT TO THE 1ST RESPONDENT.
ANNEXURE TRUE COPY OF THE PRINCIPLES REGARDING PROMOTION A9 OF MEMBER OF IPS IN THE STATE CADRE ISSUED ON 15.1.1999 BY THE GOVERNMENT OF INDIA.
ANNEXURE TRUE COPY OF THE CIVIL LIST ON 1.7.2013. A10 EXHIBIT TRUE COPY OF THE ORDER DATED 3.12.2013 IN OA P2 NO.1083 OF 2013 PASSED BY THE HON'BLE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM. RESPONDENTS EXTS: NIL // TRUE COPY // P.A TO JUDGE