IN THE HIGH COURT OF KERALA AT ERNAKULAM 

The Hon'ble MR. Justice S.SIRI JAGAN 

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W.P.(C)No.37890 of 2010 (I)

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Dated this, the 3rd day of January, 2011 

1. T.T.BABU,

... Petitioner

Vs

1. STATE OF KERALA,

... Respondent

2. THE CHIEF ENGINEER,

3. THE DEPARTMENTAL PROMOTION COMMITTEE FOR 

For Petitioner :SRI.ELVIN PETER P.J. 

For Respondent : No Appearance

J U D G M E N T

The petitioner's grievance in this writ petition is that the petitioner is being overlooked in the matter of promotion on the ground that disciplinary proceedings are pending against him. The petitioner submits that, although Ext.P1 memo of charges had been issued to him on 13.11.2009, no further proceedings have been taken pursuant to the same. In the meantime the DPC is due to meet shortly and on the ground of disciplinary proceedings the petitioner is likely to be over looked on the ground of pendency of the disciplinary proceedings, is his contention. In view of the facts and circumstances stated in the writ petition, I had directed the Government Pleader to get instructions as to within what time the disciplinary proceedings against the petitioner can be completed. The Government Pleader seeks further time to get instructions on the same. I am not inclined to wait further for instructions in the matter. After issuing a charge memo, .the respondents are bound to take proceedings in the matter within a reasonable time. One year is more than reasonable for the purpose. That being so, I am inclined to direct the respondents 1 & 2 to see that the disciplinary proceedings against the petitioner are completed within a time frame. Accordingly this writ petition is disposed of with the following directions:

The disciplinary proceedings initiated against the petitioner by issue of Ext.P1 memo of charges dated 13.11.2009 shall be completed by taking it to its logical conclusion within four months from the date of receipt of a copy of this judgment. In the meantime, if the DPC is to be convened for further promotion, the petitioner's case shall also be considered in accordance with Rule 28 of the Kerala State and Subordinate Service Rules. After the disciplinary proceedings are over further steps in accordance with the recommendation of the DPC on the basis of the result of the disciplinary proceedings.

S. SIRI JAGAN

JUDGE

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