High Court of KeralaWP(C)/2379/2015disposed of

P.C Mohanan v. Kerala State Housing Board

2015-02-11Honourable Mr. Justice A.Muhamed Mustaque3 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE WEDNESDAY, THE 11TH DAY OF FEBRUARY 2015/22ND MAGHA, 1936 WP(C).No. 2379 of 2015 (V) --------------------------- PETITIONER(S):

-------------- P.C MOHANAN AGED 50 YEARS EXECUTIVE ENGINEER, ERNAKULAM DIVISION KERALA STATE HOUSING BOARD, KOCHI-682036.

BY ADV. SRI.B.MANIMOHAN RESPONDENT(S):

--------------

1. KERALA STATE HOUSING BOARD REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM PIN 695001.

2. THE SECRETARY KERALA STATE HOUSING BOARD, THIRUVANANTHAPURAM PIN 695001.

3. THE DEPARTMANTAL PROMOTION COMMITTEE OF KERALA STATE HOUSING BOARD REPRESENTED BY ITS CONVENOR SECRETARY OF KERALA STATE HOUSING BOARD THIRUVANANTHAPURAM-695001.

4. THE CHAIRMAN KERALA STATE HOUSING BOARD THIRUVANANTHAPURAM-695001.

R1,R 2 & 4 BY ADV. SRI.GEORGE BOBAN, SC, K.S.H.B. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 11-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No. 2379 of 2015 (V) --------------------------- APPENDIX PETITIONER(S)' EXHIBITS ----------------------- EXHIBIT-P1: TRUE COPY OF THE CHARGE MEMO NO.CW2/12324/2014 DATED 17.11.2014.

EXHIBIT-P2: TRUE COPY OF THE DEFENCE STATEMENT DATED 3.12.2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT SECRETARY.

EXHIBIT-P3: TRUE COPY OF THE RELEVANT PAGES OF RULE 28(B)(1)(4) AND RULE 28(B)(1)(7) NOTE 1 OF KS & SSR 1958.

EXHIBIT-P4: TRUE COPY OF THE PAGE NO.10 OF THE APPOINTMENT REGULATIONS 2006 OF THE 1ST RESPONDENT BOARD. EXHIBIT-P5: TRUE COPY OF THE RELEVANT PORTION OF THE MINUTES DATED 15.12.2014 OF THE 3RD RESPONDENT DPC.

EXHIBIT-P6: TRUE COPY OF THE VITIATED SELECT LIST PREPARED BY THE 3RD RESPONDENT.

EXHIBIT-P7: TRUE COPY OF THE REPRESENTATION DATED 23.12.2014 SUBMITTED BY THE PETITIONER BEFORE THE CHAIRMAN OF KSHB. EXHIBIT-P8: TRUE COPY OF THE RELEVANT PORTION OF THE BOARD MINUTES DATED 30.12.2014.

EXHIBIT-P9: TRUE COPY OF THE APPEAL DATED 17.1.2015 BEFORE THE 3RD RESPONDENT.

EXHIBIT-P10: TRUE COPY OF THE POSTAL RECEIPT DATED 19.1.2015. ADDL.Ext.P11: TRUE COPY OF ORDER HBO NO.26/CW2/12324/014 DATED 29.1.2015 OF THE 2ND RESPONDENT.

ADDL.EXT.P12: TRUE COPY OF THE REVIEW PETITION DATED 2.2.2015 TO THE 3RD RESPONDENT.

ADDL.EXT.P13: TRUE COPY OF THE SPEED POST RECEIPT DATED 3.2.2015. RESPONDENT(S)' EXHIBITS NIL ----------------------- //True Copy// P.A TO JUDGE

A.MUHAMED MUSTAQUE, J.

========================= W.P(C).No.2379 of 2015 ============================ Dated this the 11th day of February, 2015

JUDGMENT

Petitioner filed a review petition before the Departmental Promotion Committee of Kerala State Housing Board. This review petition is produced as Ext.P12. Petitioner submits that he has been fully exonerated by the second respondent/Secretary from departmental enquiry and therefore, he is entitled for consideration to the promotion post of Deputy Chief Engineer/Regional Engineer. 2.

In view of the above, a decision shall be taken after convening a review Departmental Promotion Committee within a period of six weeks from the date of receipt of a copy of this judgment.

The Writ Petition is disposed of.

Sd/- A.MUHAMED MUSTAQUE, JUDGE.

Sbna/11/02/15