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IN THE HIGH COURT OF KERALA AT ERNAKULAM
ANIL K.NARENDRAN, MURALEE KRISHNA S.
Vishnu S. S/o A. Sasidharan Nair – Appellant
Versus
Dinesh Babu D. S/o C.B. Divakaran Nair – Respondent
| Table of Content |
|---|
| 1. overview of dispute and parties' details. (Para 1 , 2) |
| 2. tribunal's orders regarding interim promotions. (Para 3 , 4) |
| 3. hearing of the petition and counsel's submissions. (Para 5) |
| 4. arguments regarding disciplinary proceedings and eligibility. (Para 6 , 7) |
| 5. court's reasoning on promotion rules and interim orders. (Para 8 , 9) |
JUDGMENT :
MURALEE KRISHNA S., J.
1. This original petition is filed by the 5th respondent in O.A.No.130 of 2025 on the file of the Kerala Administrative Tribunal, Thiruvananthapuram (for short the ’Tribunal’), challenging Exts.P7 and P8 interim orders dated 23.07.2025 passed by the Tribunal in M.A.Nos.1249 of 2025 and 1269 of 2025 respectively, in that Original Application.
2. As per the pleadings in the Original Petition, the petitioner is presently working as Deputy Superintendent at Central Prison, Poojapura, Thiruvananthapuram. His name has been included in the select list dated 04.06.2025 for promotion to the post of Joint Superintendent for the year 2025. The 1st respondent is the senior-most Deputy Superintendent, who has been superseded from being included in that select list due to the pendency of a criminal case and disciplinary proc
Ongoing disciplinary proceedings prevent inclusion in promotion select lists; temporary promotions can be made, emphasizing timely assessment of eligibility and merits for vacant posts.
The mere pendency of disciplinary proceedings cannot be grounds for denying provisional promotion to a qualified member of the feeder category.
The High Court affirmed that an employee under investigation for misconduct is ineligible for promotion unless cleared, and the Tribunal improperly directed promotion consideration against establishe....
Exclusion of an officer from a promotion list due to pending vigilance cases is lawful under regulatory provisions, and subsequent acquittals do not retroactively influence prior decisions made by pr....
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 abovesa....
The authority for vacancy appointments must follow valid ranked lists; vacancies from Leave Preparatory to Retirement are not substantive until actual retirement occurs, impacting recruitment legalit....
The High Court's supervisory jurisdiction under Article 227 cannot replace the tribunal's findings unless there is manifest error or injustice.
The court upheld that the High Court's supervisory role under Article 227 limits intervention to severe errors, while reaffirming settled matters should not be reopened.
The court emphasized the mandatory consideration of promotion cases for government servants, even with pending disciplinary proceedings, as per the Government Order dated 28.5.1997, and ruled that ad....
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