High Court Kerala High Court

C.Bala Krishna Warrior vs State Of Kerala And Others on 6 April, 2010

Kerala High Court
C.Bala Krishna Warrior vs State Of Kerala And Others on 6 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 11038 of 2010(D)



1. C.BALA KRISHNA WARRIOR
                      ...  Petitioner

                        Vs

1. STATE OF KERALA AND OTHERS
                       ...       Respondent

                For Petitioner  :SRI.A.N.RAJAN BABU

                For Respondent  : No Appearance

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :06/04/2010

 O R D E R
                         C.T.RAVIKUMAR, J.

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                     W.P.(C) No. 11038 of 2010 D
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                  Dated this the 6th day of April, 2010

                            J U D G M E N T

While working as Secretary of Kanakari Grama

Panchayat, the petitioner was served with Ext.P1 memo of

charges dated 16-08-2006. The allegations pertain to

unauthorised expenditure of Panchayat Fund and such other

financial irregularities. Long later, he was placed under

suspension as per Ext.P3 dated 12-03-2008. The grievance of the

petitioner is that certain important and crucial aspects were not

taken into consideration by the respondents in ordering

suspension and also in continuing with the suspension of the

petitioner. As noticed earlier, the memo of charges was issued as

early as on 16-08-2006 and thereafter he was transferred from

Kanakari Grama Panchayat. It was while working in another

Grama Panchayat i.e., Bharananganam Grama Panchayat, that

the petitioner was placed under suspension as per Ext.P3 dated

12-03-2008. More than two years have lapsed since the order of

suspension. Though the suspension review committee had

WPC.11038/2010
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convened on 09-07-2009, they have rejected the request of the

petitioner for reviewing Ext.P3 order of suspension. A perusal of

Ext.P9 would reveal that the aforesaid aspects were not seem to

have been considered by the respondents. That apart, about six

months have elapsed since Ext.P9. As per paragraph 17 of the

Mannual for Disciplinary Proceedings, the respondents are bound

to convene a meeting of the suspension review committee to

consider the prospects for reviewing the order of suspension in

respect of the persons, who are facing disciplinary proceedings.

2. Therefore, this writ petition is disposed of with a

direction to the respondents to take appropriate steps for

considering the question of reviewing Ext.P3 order dated 12-03-

2008. Needless to say that while considering the said question,

the respondents are bound to take into consideration the above

mentioned aspects, namely, the petitioner was placed under

suspension in connection with certain incidents occurred and

irregularities alleged to have been committed by him while working

as Secretary in Kanakari Grama Panchayat and at the time of

placing him under suspension, he was working in another Grama

WPC.11038/2010
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Panchayat. The fact that it was after more than one year since the

initiation of disciplinary proceedings that he was placed under

suspension shall also be taken into consideration. Such an order

considering the aforesaid aspects shall be passed by the

competent authority among the respondents, within a period of

one month from the date of receipt of a copy of this judgment. In

case the respondents arrive at a conclusion that the petitioner

cannot be reinstated in service pending disciplinary proceedings,

they shall take steps to complete the disciplinary proceedings,

including passing of final orders thereon, expeditiously, at any

rate, within a period of six months from the date of receipt of copy

of this judgment, considering the fact that Ext.P1 memo of charges

was issued as early on 16-08-2006. In case of failure to complete

the disciplinary proceedings as directed above, the petitioner shall

be reinstated in service forthwith.

The writ petition is disposed of as above.

(C.T.RAVIKUMAR, JUDGE)

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