K.GOPI Vs. KERALA STATE ROAD TRANSPORT

JUDGEMENT

(1.) WHILE working as Inspector Grade I in the Kerala State Road Transport Corporation {for short the Corporation}, the petitioner responded to Ext.P1 notification, by which the first respondent Corporation called for the confidential reports in respect of those persons, who were eligible for promotion to the post of Assistant Transport Officer. The period of review was 2004 -05, 2005 -06 and 2007 (upto 30.6.2007). The petitioners confidential reports for the said period were called for. But he was not included in the list as per Ext.P2, though his juniors names were included. As evidenced by Ext.P8, the Departmental Promotion Committee had considered the reports of candidates and found that, a punishment of bar of increment for one year without cumulative effect, was imposed on the petitioner as per order dated 26.2006. Similarly another punishment for three months without cumulative effect was also imposed, as per order dated 22.2005. It was found that the petitioner was not eligible to be considered, as he had suffered the punishment during the relevant period. That has been challenged in this writ petition.

(2.) ACCORDING to the petitioner, the stand taken by the Corporation is wrong, firstly because the punishment did not relate to a delinquency during the period, but much earlier. Secondly, the punishments in question are minor in nature viz., barring of an increment without cumulative effect. It is also pointed out that the second punishment of bar of increment for three months without cumulative effect actually came to be suffered only after the relevant period.

(3.) I heard learned counsel for the petitioner and the learned counsel Sri.Unnikrishnan, who was requested to assist this court as Amicus Curiae and the learned counsel for the Corporation.