IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 34094 of 2008(H)
1. C.LOHIDASAN, SUPERINTENDENT OF SURVEY
... Petitioner
Vs
1. STATE OF KERALA, REP. BY THE PRINCIPAL
... Respondent
2. DIRECTOR OF SURVEY AND LAND RECORDS
For Petitioner :SMT.K.S.SAIRA
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :19/11/2008
O R D E R
P.N.RAVINDRAN, J.
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W.P.(C)No. 34094 of 2008
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Dated this the 19th day of November 2008
JUDGMENT
The petitioner, who is presently working as Superintendent
of Survey and Land Records and is due to retire from service on
30.11.2008 was placed under suspension by Ext.P1 Order dated
19.3.2008, pending disciplinary enquiry. He has on 17.6.2008
submitted Ext.P3 representation before the Director of Survey and
Land Records seeking revocation of the suspension and
reinstatement in service. The petitioner submits that though he
was placed under suspension on 19.3.2008, till date the memo of
charges has not been issued and no progress has been made in
the disciplinary proceedings. In these circumstances, the
petitioner prays for a writ in the nature of mandamus
commanding the first respondent to review Ext.P1 order of
suspension and to reinstate him in service before 30.11.2008, the
date on which he will retire from service on attaining the age of
superannuation.
2. I have heard Smt.Saira Ravikumar, the learned counsel
appearing for the petitioner and Smt.Anu Sivaraman, the learned
Government Pleader appearing for the respondents. Going by the
W.P.(C)No.34094/2008 2
pleadings, it is seen that the petitioner was suspended long back
on 19.3.2008 and that even after the expiry of more than 8
months, no progress has been made in the disciplinary action.
The petitioner admittedly will retire from service on 30.11.2008.
Paragraph-17 of the Manual for Disciplinary Proceedings
stipulates that the cases of Government employees continuing
under suspension for more than six months should be reviewed.
Rule 10(6) of the Kerala Civil Services (Classification, Control and
Appeals) Rules 1960, hereinafter referred to as `the Rules’ for
short, empowers the authority which passed the order of
suspension to review the order and reinstate the employee in
service. In the instant case, the petitioner was placed under
suspension by the Government long back on 19.3.2008. The
petitioner is due to retire from service shortly, within a span of
another two weeks. It is therefore desirable that the Government
bestows attention to the fact that the petitioner is continuing
under suspension without any progress being made in the
disciplinary enquiry ever since in 19.3.2008.
In these circumstances, I dispose of the writ petition with a
direction to the Secretary to Government, Revenue Department to
review the order of suspension evidenced by Ext.P1 and take a
decision in the matter at the earliest, and in any case before
W.P.(C)No.34094/2008 3
28.11.2008. To enable the Secretary to Government, Revenue
Department to comply with this direction, the petitioner shall
produce a copy of this judgment along with a representation
seeking review of the suspension before the said officer at the
earliest.
P.N.RAVINDRAN, JUDGE
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