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.
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W.P ( C) No.3708 of 2009
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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
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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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