K K SASIDHARAN Vs. STATE OF KERALA

JUDGEMENT

(1.) A question involving the relevant date that has to be taken, in assessing the eligibility of a person aspiring for promotion to the selection post, in the context of Note to R.28(b)(i)(7) of part II of KS and SSR (hereinafter Rules) and in the context of a possible vigilance case against the aspirants for promotion arises for consideration in this case. A detailed discussion has been undertaken in this case in circumstances where a distinction was sought to be drawn between criminal cases where FIR is registered against the Government servant involving offences under the Penal Code before the Courts of General Criminal jurisdiction and cases under the provisions of the Prevention of Corruption Act taken cognizance of by a Vigilance Court.

(2.) I heard in detail learned counsel for the petitioner Sri. N. Sugathan and the senior Government Pleader Mr. P. Nandakumar on this aspect.

(3.) The petitioner joined service as an Excise Preventive Officer in the year 1998 and was promoted in the year 2003 as an Assistant Excise Inspector. He was included in Ext. P1 final seniority list of Assistant Excise Inspectors. Promotion therefrom is to the post of Excise Inspector which though is a non gazetted post is nevertheless a selection post. The petitioner became fully qualified and eligible to be considered as Excise Inspector in July, 2005. It is the petitioner's case that there were no adverse remarks in his CR and his Reviewing Officer apparently reported that he is a loyal and obedient officer fit for promotion. This assertion does not seem to be specifically controverted.