IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 18693 of 2009(F)
1. P.A.ANEESH, FORESTER(UNDER SUSPENSION)
... Petitioner
Vs
1. STATE OF KERALA REP. BY ITS SECRETARY
... Respondent
2. CHIEF CONSERVATOR OF FORESTS
3. THE PRINCIPAL, KERALA FOREST SCHOOL
4. ASSISTANT FOREST CONSERVATOR,
5. THE FOREST CONSERVATOR,
For Petitioner :SRI.KALEESWARAM RAJ
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :20/07/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.18693 of 2009
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Dated 20th July, 2009
JUDGMENT
Heard Sri.Kaleeswaram Raj, the learned counsel
appearing for the petitioner and Sri.P.Nandakumar, the learned
Government Pleader appearing for the respondents.
2. The petitioner, a Forester was placed under
suspension by Ext.P1 order dated 14.2.2008 passed by the Chief
Conservator of Forests (Administration) on the ground that a
criminal case was registered against him and that he was also
arrested in connection with the said case. The petitioner submits
that seeking revocation of the order of suspension he has
submitted Exts.P2 and P3 representations before the Chief
Conservator of Forests (Administration). In this writ petition the
petitioner seeks a writ in the nature of mandamus commanding
the respondents to reinstate him in service. In the alternative,
he seeks a direction to the Government to consider Exts.P2 and
P3 representations and pass orders thereon within a time limit to
be fixed by this Court.
3. The learned Government Pleader appearing for the
official respondents submits that the Police have after
WP(C).No.18693/2009 2
investigation filed final report and that the case registered
against the petitioner is presently pending as C.C.No.854 of 2008
in the Court of the Judicial First Class Magistrate II, Cherthala.
The learned Government Pleader also submits that the second
respondent is considering Exts.P2 and P3 representations and
that a decision thereon will be taken expeditiously.
4. Having regard to the fact that the respondents
themselves are considering the question whether the petitioner
should be reinstated in service pending disposal of the criminal
case registered against him, I dot not deem it proper to interfere
with the order of suspension at this stage. I accordingly dispose
of this writ petition with a direction to the second respondent to
consider Exts.P2 and P3 representations and take a decision
thereon expeditiously and in any event within six weeks from the
date on which the petitioner produces a certified copy of this
judgment before him.
P.N.RAVINDRAN
Judge
TKS
The words “and that he was also arrested in connection with
WP(C).No.18693/2009 3
the said case” occurring in the first sentence in paragraph 2 of the
judgment dated 20/07/2009 in WP(C) 18693/2009 are deleted vide
order dated 26/10/2009 in I.A.13317/2009.
Sd/-
Registrar (Judicial)