STATE OF KERALA Vs. MANOJ KABEER M.K.

JUDGEMENT

(1.) The short question to be considered in the batch of Original Petitions (KAT) is as to whether the general rule in the Kerala State and Subordinate Services Rules, 1958 [for brevity "KS&SSR"], for consideration of merit and suitability for promotion would survive in the context of Section 101(6) of the Kerala Police Act, 2011 [for brevity " Police Act "]; only insofar as the penalties in items (a) to (j) of Section 101(4) .

(2.) The challenge before the Tribunal was against the decisions of the Departmental Promotion Committee [for brevity "DPC"] constituted for the purpose of consideration of promotions in the years 2014 to 2018. The applicants before the Tribunal were not included in the select list since they were either under the rigour of penalty or vigilance/disciplinary proceedings pending against them. It was the submission connected cases. of the respondents/applicants that the rigour of penalty applied to the relevant assessment years, which admittedly relates to three years prior to the year of consideration, cannot be a bar to promotion when the penalty imposed is one of those under items (a) to (j) of Section 101(4) , as per Section 101(6) of the Police Act.

(3.) On facts, the respondent in O.P(KAT) No.208 of 2019 was imposed with a punishment of barring of three increments with cumulative effect on 24.10.2013.