Point of law: It is true that going by the abovesaid statutory provision, if the officers are not fully exonerated of the charges, the DPC may decide each case on its own merits. However, the abovesaid provision contained in Note 'ii' to Rule 28(b)(i)(7) of the KS & SSR Part II, should be read harmoniously with the provisions contained in Rule 28(b)(i)(7) Note 'v' thereof.

JUDGMENT :

ALEXANDER THOMAS, J.

The sole respondent herein has filed the instant Ext.P-1 original application O.A. (Ekm) No.1480/2017 before the Kerala Administrative Tribunal, Ernakulam Bench, with the following prayers [See page 22 of the paper book of this O.P.]:

“(a) To call for the records leading to Annexure A-9 and A-10 and set aside the same;

(b) To issue a direction to the respondents 1 to 3 to consider the applicant for inclusion in the select list of Sub Inspector for promotion to the post of Circle Inspectors for the year 2006;

(c) To declare that the applicant is entitled to be considered for inclusion in the select list of Sub Inspectors for promotion to the post of Circle Inspectors for the year 2006 notwithstanding the judgment in Crl.Appeal No.25/2009 in C.C.No.328/2006; And

(d) To issue such other directions or orders as this Hon'ble Tribunal deems fit and proper in the interest of justice and circumstances of the case.”

2. The Tribunal, after hearing both sides, has rendered the impugned Ext.P-3 final order dated 17.1.2020 thereby finally disposing of instant O.A. (Ekm) No.1480/2017 with the specific finding that in view of the subsequent events in relation to the disciplinary proceedings, which has culminated only in the imposition of censure, and other aspects, the denial of regular promotion of the applicant at the behest of the Departmental Promotion Committee [“DPC” for short] decision making process for the select year 2006, in relation to his claims for promotion to the post of Inspector of Police is illegal and ultra vires, and that the competent authority of the DPC will conduct a review and pass appropriate orders including the original applicant in the select list for promotion as Inspector of Police for the select list year 2006, and grant all consequential monetary benefits therefrom within 3 months. It is this final verdict of the Tribunal at Ext.P-3 rendered on 17.1.2020 that is under challenge before us at the instance of the State of Kerala, the Police Department and the DPC authorities concerned. The present petition has been instituted under Articles 226 & 227 of the Constitution of India with the following prayers [See page 9 of the paper book of this O.P.]:

“...........set aside the order dated 17.01.2020 in O.A.(EKM) No.1480/2017 of the Kerala Administrative Tribunal (Additional Bench: Ernakulam), pending disposal of the above Original Petition (KAT).”

3. Heard Sri.B.Unnikrishna Kaimal, learned Senior Government Pleader appearing for the petitioners herein/respondents in the O.A. and Sri.P.J.Elvin Peter, learned counsel appearing for the sole respondent herein/sole applicant in the O.A. before the Tribunal.

4. The original applicant, who was earlier substantively holding the post of Sub Inspector of Police, was essentially aggrieved by non consideration of his promotion claims to the next higher category post of Inspector of Police, through the regular promotion process at the behest of the DPC. When he was excluded from the select list 2006 as well as select list 2007, he had submitted statutory representation in terms of Rule 28(b) contained in Part II of the Kerala State & Subordinate Services Rules, 1958 [hereinafter referred to as “The KS & SSR Part II”], which was rejected later consequent to the alleged pendency of 5 disciplinary proceedings against him, and also citing the ground that he was by then already convicted by the Judicial First Class Magistrate-II, Mananthavady, in Calender Case C.C.No.328/2006. The Tribunal has found that subsequently, all the 5 specific cases of disciplinary proceedings have ended up only in imposition of censure, and going by the statutory provision contained in Note 'v' to Rule 28(b)(i)(7) of the KS & SSR Part II, censure shall not be taken into account for denial of regular promotion through the DPC process, even in a selection post like the Inspector of Police.

5. Further, it appears that all the 5 cases of disciplinary action, though pending at the initia