LAWS(KER)-2009-11-213

A DEVADAS, DEPUTY SUPERINTENDENT/JAILOR Vs. STATE OF KERALA; SECRETARY TO GOVERNMENT; CONVENER; DIRECTOR GENERAL OF POLICE(PRISONS)

Decided On November 10, 2009
A DEVADAS, DEPUTY SUPERINTENDENT/JAILOR Appellant
V/S
STATE OF KERALA; SECRETARY TO GOVERNMENT; CONVENER; DIRECTOR GENERAL OF POLICE(PRISONS) Respondents

JUDGEMENT

(1.) The petitioner is working as a Deputy Superintendent/Jailor. He aspires for promotion to the post of Superintendent. However, he submits that he is not likely to be considered for the reason that departmental proceedings are pending. It is with this grievance, this writ petition is filed seeking a direction to the respondents to consider him for promotion.

(2.) Even during the pendency of disciplinary proceedings, an Officer is entitled to be considered adopting the Sealed Cover Procedure. Therefore, the petitioner is justified in seeking a direction to the respondents to consider him for promotion in accordance with the Rules as above.

(3.) In view of the above, this writ petition is disposed of directing that the 3rd respondent shall consider the claim of the petitioner for promotion in the next DPC, if he is otherwise eligible for the same, in accordance with the Rules.