High Court Kerala High Court

R.Bhagyodayan vs State Of Kerala on 9 January, 2007

Kerala High Court
R.Bhagyodayan vs State Of Kerala on 9 January, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 941 of 2007(K)


1. R.BHAGYODAYAN, STORE KEEPER
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS,

                For Petitioner  :SRI.K.JAJU BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.K.DENESAN

 Dated :09/01/2007

 O R D E R
                         K.K. DENESAN, J.



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                   W.P.(C) No. 941 OF 2007 K

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               Dated this the 9th January, 2007



                          J U D G M E N T

The petitioner was placed under suspension while

working as Upper Division Clerk in the office of the

Deputy Director of Education, Malappuram. He was given

additional charge of Store Keeper in the Government

Text Book Depot, Malappuram. Ext. P3 application

requesting to revoke the order of suspension, filed by

the petitioner, is pending with the 2nd respondent. It

is contended that, having regard to the facts

subsequently disclosed based on enquiry conducted

during the period between the order of suspension and

the date of Ext. P3, the authorities have got a duty to

review the order of suspension, because, they will be

convinced that the allegations against the petitioner

are not that serious as was initially thought of. It

is, therefore, submitted that it is high time that

appropriate action is taken to review the order of

suspension and reinstate the petitioner in service.

2. Ext. P3 representation was filed by the

petitioner on 3-7-2006. There is considerable delay on

WPC No.941 /2007 -2-

the part of the 2nd respondent in passing orders on Ext.

P3 filed by an employee of the department placed under

suspension in November, 2004.

3. In the circumstances, the 2nd respondent is

directed to consider Ext. P3 on merits with reference

to all relevant aspects and pass appropriate orders

within one month from the date of receipt of a copy of

the judgment.

The petitioner shall produce a copy of the

judgment along with a copy of the writ petition before

the 2nd respondent for compliance.

K.K. DENESAN

JUDGE

jan/