IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 20851 of 2009(B)
1. A.R. VIJAYALEKSHMI , AGED 50 YEARS,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY
... Respondent
For Petitioner :SRI.KISHOR B.
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :24/07/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No.20851 of 2009
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Dated 24th July, 2009
JUDGMENT
Heard Sri.Kishor. B, the learned counsel appearing for the
petitioner and Smt.Anu Sivaraman, the learned Senior Government
Pleader appearing for the respondents.
2. The petitioner, an officer in the category of Assistant
Director of Agriculture was placed under suspension by Ext.P1
Government order dated 11.12.2008. Thereafter, Ext.P3 memo of
charges and statement of allegations of misconduct were also served
on her and she submitted Ext.P4 reply dated 25.5.2009. The
petitioner submits that till date, final orders have not been passed in
the disciplinary action and that the request made by her in Ext.P6 to
review the order of suspension has also not been considered.
3. Paragraph 17 of the Manual for Disciplinary Proceedings
stipulates that cases of Government servants who are continuing
under suspension for a period of six months pending disciplinary
proceedings initiated against them have to be reviewed. It is also
stipulated that it will be desirable to limit the maximum period of
suspension of the officers in such cases to six months in the normal
circumstances and to reinstate them in service without prejudice to the
WP(C).No.20851/2009 2
disciplinary proceedings pending against them. It is further stipulated
that in exceptional cases where it is not possible to adhere to this time
limit, the authority which placed the officer under suspension should
report the facts to the next higher authority and such higher authority
should review the case. In the instant case, the order of suspension
was passed by the Government on 11.12.2008. More than seven
months have passed thereafter. Going by the nature of the allegations
levelled against the petitioner in Ext.P3 memo of charges and the fact
that the petitioner has been continuing under suspension for the past
more than seven months, I am of the opinion that the request made
by the petitioner in Ext.P6 should be considered by the Government.
I accordingly dispose of this writ petition with a direction
to the respondents to consider the request made by the petitioner in
Ext.P6 and pass orders thereon expeditiously and in any event within
four weeks from the date on which the petitioner produces a certified
copy of this judgment before the Additional Chief Secretary to
Government and Agricultural Production Commissioner. The Additional
Chief Secretary to Government and Agricultural Production
Commissioner shall also afford the petitioner a reasonable opportunity
of being heard before passing orders as directed above.
P.N.RAVINDRAN
Judge
TKS