IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33213 of 2009(V)
1. K.C.SREELAL,VOCATIONAL INSTRUCTOR(VHSE),
... Petitioner
Vs
1. THE MANAGER,D.V.V.H.S.S,THALAVOOR(P.O),
... Respondent
2. THE ASSISTANT DIRECTOR,VOCATIONAL
3. THE DIRECTOR,VOCATIONAL HIGHER
For Petitioner :SRI.R.BINDU (SASTHAMANGALAM)
For Respondent : No Appearance
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :03/12/2009
O R D E R
T.R. RAMACHANDRAN NAIR, J.
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W.P.(C). No.33213/2009-V
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Dated this the 3rd day of December, 2009
J U D G M E N T
Aggrieved by the refusal to review the suspension
order, the petitioner has filed this writ petition.
Challenge is made against Exts.P1, P3 and P6.
2. The petitioner had been working as Vocational
Instructor (V.H.S.E) in D.V.V.H.S.School, Thalavoor, since
1998. He was suspended from service as per Ext.P1. By
Ext.P3, the order of suspension has been extended by the
first respondent-Manager until further orders also.
Earlier, the petitioner had filed Ext.P4 representation
before the third respondent-Director seeking to revoke the
order of suspension which was directed to be disposed of by
Ext.P5 Judgment of this Court in W.P.(C).No.26022/2007,
dated 24/08/2007. Ultimately, by Ext.P6, Ext.P4
representation was rejected by the Director.
3. The petitioner has been placed under suspension in
connection with C.C.No.1581/2007 filed before the Judicial
Magistrate of the I Class III, Kollam. The petitioner is
relying upon Ext.P7, whereby the said criminal case has
been compounded. It is the contention of the petitioner
that in the light of the above, suspension order has to be
withdrawn.
W.P.(C). No.33213/2009
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4. The learned Government Pleader on instructions
submitted that the petitioner has not moved the Department
again for review of the order of suspension by relying upon
Ext.P7.
5. The learned counsel for the petitioner submitted
that a copy of Ext.P7 has been forwarded to the third
respondent-Director.
6. If the petitioner desires a review of the order of
suspension on new grounds, he will be free to file
appropriate representation along with a copy of Ext.P7,
before the third respondent. If such a representation is
filed within three weeks from today, the third respondent
will consider the same in accordance with law and pass
appropriate orders within a period of two months after
hearing the petitioner and the Manager. The writ petition
is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
ms