Kerala High Court
Unknown vs By Advs.Sri.Elvin Peter P.J on 21 December, 2012
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE B.SUDHEENDRA KUMAR
MONDAY, THE 2ND DAY OF JULY 2018 / 11TH ASHADHA, 1940
OP(Crl.).No. 321 of 2018
CC 6/2010 of ENQUIRY COMMR.& SPL.JUDGE,THRISSUR
PETITIONER(S)
SHEELA K. R.,
ASSISTANT EXECUTIVE ENGINEER,
IRRIGATION SUB DIVISION, THRISSUR- 680 020
RESIDING AT: CHANDRASSERIL HOUSE,
MOOTHAKUNNAM, NORTH PARAVOOR,
ERNAKULAM 683516.
BY ADVS.SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
RESPONDENT(S):
1. STATE OF KERALA,
REPRESENTED BY THE PUBLIC PROSECUTOR,
HIGH COURT OF KERALA, ERNAKULAM 682 031.
2. THE DIRECTOR,
VIGILANCE & ANTI CORRUPTION BUREAU,
THIRUVANANTHAPURAM 695 001.
BY Spl. PUBLIC PROSECUTOR, SHRI A RAJESH
THIS OP (CRIMINAL) HAVING COME UP FOR ADMISSION ON 02-07-2018,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
OP(Crl.).No. 321 of 2018 (Q)
APPENDIX
PETITIONER(S)' EXHIBITS
EXHIBIT P1 TRUE COPY OF THE RELEVANT EXTRACT OF THE
PROVISIONAL SENIORITY LIST OF ASSISTANT
EXECUTIVE ENGINEERS (CIVIL) UNDER THE DEGREE
QUOTA AS ON 31-12-2007 IN THE IRRIGATION
DEPARTMENT
EXHIBIT P2 TRUE COPY OF G.O(RT) NO. 1483/2012/WRD DATED
21-12-2012
EXHIBIT P3 TRUE COPY OF G.O(RT.) NO. 630/2016/WRD DATED
27-07-2016.
EXHIBIT P4 TRUE COPY OF THE MINUTES OF THE DEPARTMENTAL
PROMOTION COMMITTEE MEETING(
TECHNICAL-HIGHER) HELD ON 12-07-2017.
EXHIBIT P5 TRUE COPY OF THE CHARGE SHEET FILED BY THE
VIGILANCE & ANTI CORRUPTION BUREAU, THRISSUR IN
VC 9/2005 DATED 18-11-2009
EXHIBIT P6 TRUE COPY OF THE CHARGE SHEET FILED BY THE
VIGILANCE & ANTI CORRUPTION BUREAU, THRISSUR IN
VC 9/2005 DATED 18-11-2009.
EXHIBIT P7 TRUE COPY OF THE JUDGMENT DATED 19-10-2017 IN O.P
9CRL.) NO. 427/2017 OF THIS HON'BLE COURT.
RESPONDENTS EXHIBITS : NIL
B.SUDHEENDRA KUMAR, J.
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O.P.(Crl.) No.321 of 2018
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Dated this the 2nd day of July 2018
JUDGMENT
The petitioner is the third respondent in C.C.No.6 of 2010 on the files of the court of the Enquiry Commissioner and Special Judge (Vigilance), Thrissur. The offence alleged is the offence under Section 13(1)(d) and (e) read with Section 13(2) of the Prevention of Corruption Act (for short 'the P.C. Act'). The final report in this case was filed on 18.1.2009. The court below framed the charge on 19.7.2013. However, the case is not yet disposed of by the court below. Therefore, the petitioner was denied promotion to the post of Executive Engineer. In the said circumstances, the petitioner has filed this O.P. praying for O.P.(Crl.) 321/18 -: 2 :- issuing a direction to the respondents to consider the petition for promotion to the post of the Executive Engineer during the pendency of the above case.
2. Heard.
3. The Apex Court in C.O. Arumugam and others v. State of Tamil Nadu and others [1991 Supp (2) SCC 199] held that the promotion of an employee who is proceeded against under the provisions of the P.C. Act can be deferred till the conclusion of the disciplinary or criminal proceedings and if he is exonerated or acquitted, his name shall be considered for promotion with retrospective effect. The learned Special Public Prosecutor has submitted that the case has been scheduled for trial from 23.7.2018 onwards. Since the trial has been already scheduled, the court below is directed to dispose of C.C. No.6 of 2010 on O.P.(Crl.) 321/18 -: 3 :- the files of the court below, in accordance with law, as expeditiously as possible and at any rate within three months from the date of production/receipt of a copy of this judgment. Needless to state that if the petitioner is acquitted in the trial, he is entitled to promotion with retrospective effect, as held by the Apex Court in C.O. Arumugam and others (supra).
With the above direction, this O.P.(Crl.) stands disposed of as above.
SD B.SUDHEENDRA KUMAR, JUDGE dl/3.7.18 // True copy // PA to Judge