IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 4848 of 2010(E)
1. M.RAJENDRAN,
... Petitioner
Vs
1. STATE OF KERALA,
... Respondent
2. THE SECRETARY TO GOVERNMENT,
For Petitioner :DR.K.P.SATHEESAN
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :16/02/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C). NO. 4848 OF 2010
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Dated this the 16th day of February, 2010
JUDGMENT
The petitioner is an Assistant Executive Engineer under the Water
Resources Department. He was placed under suspension as per Ext.P6
order dated 21.11.2008 in contemplation of disciplinary action. The said
disciplinary action has now been initiated against him as per Ext.P11
memo of charges dated 10.07.2009. The contention of the petitioner is that
though the Assistant Engineer and third grade overseer who were placed
under suspension in connection with the same incident that led to the
suspension of the petitioner were re-instated into service, no action has so
far been taken to review the order of suspension of the petitioner despite
the receipt of Ext.P10.
2. Ext.P10 is the review petition filed by the petitioner as early
as on 30.5.2009. Even in the absence of a review petition, going by para
17 of the Manual for Disciplinary proceedings, the respondents are bound
to review the order of suspension periodically on expiry of six months.
Therefore, there is no justification for not considering Ext.P10 especially
when it was filed on 30.5.2009. The contention of the petitioner is that the
W.P.(C) NO.4848 of 2010 2
persons ( Assistant Engineer and third grade overseer ) who were placed
under suspension are already reinstated into service is also a matter which
is to be considered by the respondents while reviewing Ext.P6 order of
suspension. In the circumstances, there shall be a direction to the first
respondent to consider and pass orders on Ext.P10 expeditiously, at any
rate within a period of three weeks from the date of receipt of a copy of
this judgment.
The Writ Petition is disposed of as above.
(C.T. RAVIKUMAR, JUDGE)
spc
W.P.(C) NO.4848 of 2010 3
C.T. RAVIKUMAR, J.
W.P.(C).NO.4848/2010
JUDGMENT
16th February, 2010
W.P.(C) NO.4848 of 2010 4