The Kerala High Court has set aside an order of the Kerala Administrative Tribunal (KAT) and directed the Land Revenue Commissioner to adopt the sealed cover procedure while considering the promotion of a Junior Superintendent who was excluded from the 2025 Tahsildar promotion list due to a pending disciplinary inquiry.
The petitioner was originally included in the select list for promotion issued on 09 January 2025. However, after a charge memo alleging procedural lapses was served on 18 March 2025, he was excluded from the final promotion order dated 13 June 2025. The Tribunal had dismissed his challenge, holding that officers facing major penalty proceedings could not be promoted under Note (iii) to Rule 28(b)(i)(7) of Part II KS&SSR.
A Division Bench comprising Justice Anil K. Narendran and Justice Muralee Krishna S. disagreed with the Tribunal’s approach. While the Court accepted that the petitioner could not be promoted during the pendency of a major penalty proceeding, it held that the correct procedure as laid down by the Supreme Court in Union of India v. K.V. Jankiraman, AIR 1991 SC 2010 was to place the employee’s promotion claim in a sealed cover until the inquiry concludes.
The Bench observed that the Tribunal had omitted to consider this crucial requirement, even though the petitioner had specifically pleaded it. Emphasising that supervisory jurisdiction under Article 227 cannot be invoked to correct every error but can be exercised when fundamental legal principles are overlooked, the Court found the Tribunal’s order unsustainable.
Allowing the petition, the Court directed the Land Revenue Commissioner to place the petitioner’s promotion claim before the Departmental Promotion Committee using the sealed cover procedure, in accordance with Jankiraman principles and the KS&SSR framework.
Appearances:
Petitioner: SMT.A.V.INDIRA ; SHRI.ANANDHU SATHEESH; SMT.SREEDEVI S.
Respondent: SMT. MARY BEENA JOSEPH, SR.GP
