High Court Kerala High Court

David Benny. vs Commissioner on 17 February, 2009

Kerala High Court
David Benny. vs Commissioner on 17 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 3708 of 2009(N)


1. DAVID BENNY.,  UD CLERK
                      ...  Petitioner

                        Vs



1. COMMISSIONER , COMMERCIAL TAXES
                       ...       Respondent

2. STATE OF KERALA REPRESENTED BY THE

                For Petitioner  :SRI.VIJAYAN. K.U.

                For Respondent  : No Appearance

The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR

 Dated :17/02/2009

 O R D E R
               T.R.RAMACHANDRAN NAIR,J.
                      -------------------------
                  W.P ( C) No.3708 of 2009
                      --------------------------
              Dated this the 17th February,2009

                        J U D G M E N T

The petitioner had been working as a U.D Clerk in

the Commercial Taxes Department. He was placed under

suspension as per Exhibit-P1 based on certain allegations.

Exhibit-P1 is dated 7.2.2008.

2. According to the petitioner, nothing has

happened further. Seeking for revocation of the order of

suspension, he has submitted Exhibit-P2 dated 2.6.2008

and thereafter by Exhibit-P3 also he has sought for

appropriate orders in the matter.

3. Petitioner submits that going by Paragraph 17

of the Manual of Disciplinary Proceedings, the

Government is bound to review the order of suspension on

expiry of six months.

4. Heard learned Government Pleader also.

5. It is submitted that the Commissioner has

already reviewed the order of suspension on

W.P ( C) No.3708 of 2009
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10.6.2008, 22.8.2008 and 15.12.2008 and therefore the

remedy of the petitioner is to approach the Government by

filing an appeal.

In that view of the matter, if the petitioner files an

appropriate representation before the Government within

three weeks, the 1st respondent will consider and pass

orders on it, as expeditiously as possible, at any rate,

within a period of two months from the date of receipt of a

copy of this judgment.

The writ petition is disposed of as above.

(T.R.RAMACHANDRAN NAIR,
JUDGE)
ma

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