High Court Kerala High Court

C. Ramesh vs Excise Commissioner on 20 April, 2010

Kerala High Court
C. Ramesh vs Excise Commissioner on 20 April, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13350 of 2010(P)


1. C. RAMESH, PREVENTIVE OFFICER,
                      ...  Petitioner

                        Vs



1. EXCISE COMMISSIONER,
                       ...       Respondent

2. ASSISTANT EXCISE COMMISSIONER,

3. EXCISE VIGILANCE OFFICER,

4. EXCISE INSPECTOR,

                For Petitioner  :SRI.P.V.KUNHIKRISHNAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice P.N.RAVINDRAN

 Dated :20/04/2010

 O R D E R
                           P.N.RAVINDRAN, J.
                         --------------------------------
                       W.P.(C) No. 13350 of 2010
                         --------------------------------
                Dated this the 20th day of April, 2010.

                             J U D G M E N T

Ext.P6 order passed by the first respondent placing the

petitioner under suspension pending disciplinary action is under

challenge in this writ petition.

2. Ext.P6 is an order issued under Rule 10(1)(a) of the Kerala

Civil Services (Classification, Control & Appeal) Rules, 1960. Under

Rule 23 of the said rules, an appeal lies to the Government from

Ext.P6. The period of limitation prescribed for filing an appeal is 30

days from the date of order appealed against. Ext.P6 order was

passed on 7.4.2010. Therefore, the period of limitation prescribed

for filing an appeal has not expired. Further, the appellate authority

can also consider whether on the facts, the order of suspension was

warranted. The petitioner thus has an effective and meaningful

alternate remedy by way of appeal. I am therefore of the opinion

that he should resort to the said remedy instead of straight away

moving this Court under Article 226 of the Constitution of India.

The writ petition is accordingly dismissed without prejudice to

the contentions raised by the petitioner in this writ petition and

W.P.(C).No.13350/2010
2

reserving liberty with him to challenge Ext.P6 order in appeal before

the State Government under Rule 23 of the Kerala Civil Services

(Classification, Control & Appeal) Rules, 1960.

P.N.RAVINDRAN
(Judge)

vps

W.P.(C).No.13350/2010
3