IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 9787 of 2010(W)
1. ELSYKUTTY C.GEORGE, W/O.M.J.GEORGE,
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY ITS
... Respondent
2. PATHANAMTHITTA MUNICIPALITY,
3. THE MUNICIPAL SECRETARY,
4. THE EXECUTIVE DIRECTOR,
5. THE DIRECTOR OF MUNICIPALITIES,
6. THE CHAIRMAN,
7. PETER KUNJUMMEN,
For Petitioner :SRI.V.PHILIP MATHEW
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :31/03/2010
O R D E R
C.T.RAVIKUMAR, J.
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W.P.(C) No. 9787 of 2010 W
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Dated this the 31st day of March, 2010
J U D G M E N T
The petitioner is working as Health Supervisor under
the 2nd respondent. This writ petition has been filed challenging
Ext.P3 order dated 09-03-2010 whereby the 3rd respondent placed
the petitioner under suspension. The contention of the petitioner,
essentially, is that as per Section 15(6) of the Kerala Municipalities
Act, 1994, the 3rd respondent has no jurisdiction to place the
petitioner under suspension. The Chair Person of the Municipality
is the competent authority to place the employees of the
Municipality under suspension. Therefore, according to the
petitioner, on account of total lacking of jurisdiction on the part of
the 3rd respondent in issuing Ext.P3 order, it is liable to be set
aside. In support of the said contention, the learned counsel for
the petitioner placed reliance on a decision of this Court in W.P(C)
No.21559/2009 dated 03-08-2009. The learned counsel for the 2nd
respondent fairly concedes that the issue in this writ petition is
squarely covered by the said judgment. In fact, on going through
WPC.9787/2010
: 2 :
the said judgment, I am of the opinion that Ext.P3 is liable to be set
aside in the light of the aforesaid judgment. Accordingly, Ext.P3 is
set aside.
2. Consequentially, the petitioner is liable to be re-
instated in service forthwith. However, it is made clear that this
judgment will not stand in the way of the authority competent to
initiate action in accordance with law. Needless to say that since
Ext.P3 order is ab initio void on account of lacking of jurisdiction,
the petitioner shall be treated to have been in service without any
break.
The writ petition is disposed of as above.
Sd/-
(C.T.RAVIKUMAR, JUDGE)
aks
// True Copy //
P.A. To Judge