High Court Kerala High Court

A.Nazer Babu vs Director on 2 April, 2007

Kerala High Court
A.Nazer Babu vs Director on 2 April, 2007
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 33284 of 2006(K)


1. A.NAZER BABU,
                      ...  Petitioner

                        Vs



1. DIRECTOR,
                       ...       Respondent

2. PRINCIPAL,

                For Petitioner  :SRI.B.RAGUNATHAN

                For Respondent  :SRI.N.N.SUGUNAPALAN, SC, IHRDE

The Hon'ble MR. Justice K.M.JOSEPH

 Dated :02/04/2007

 O R D E R
                                    K.M.JOSEPH, J.

                     ------------------------------------------

                         W.P.(C).No.33284 OF 2006

                    --------------------------------------------

                       Dated this the 2nd day of April, 2007



                                   JUDGMENT

Ext.P1 dated 06/03/2000 is the order placing the petitioner

under suspension. Petitioner was served Ext.P2 memo of charges.

By Ext.P4 judgment the Judicial First Class Magistrate,

Mavelikkara has proceeded to acquit the petitioner of the charges

levelled against him under section 248(1) of the Code of Criminal

Procedure. Petitioner filed Ext.P5 requesting to reinstate him in

service immediately. This court directed the same to be considered

by Ext.P6. By Ext.P8 order the Director took note of the fact that

the charges against the petitioner is that of the same charges

framed by the police before the learned Magistrate. But the

respondents could not proceed with the departmental action

because the records were taken by the police to proceed with the

case before the criminal court. It is stated that the records are

WPC No.33284/06 2

available and therefore it has been decided to proceed with the

departmental proceedings and complete the enquiry within two

months. It is also stated that the acquittal was on the basis of the

failure to conduct proper investigation and to adduce proper and

adequate evidence before the Magistrate. Ext.P8 order is dated

23/08/2006. Petitioner challenges Exts.P1, P2 and P8 and seeks a

direction to reinstate him in service.

2. Counter affidavit is filed by respondents, where in it is

inter-alia stated that petitioner was proceeded against for

misappropriation of funds and suspicious payment etc. Essentially

the same stand is taken as in Ext.P8.

3. I heard learned counsel for th petitioner and learned

senior counsel Sri.N.N.Sugunapalan appearing for respondents

also.

4. Petitioner was suspended nearly 7 years ago. He stands

acquitted under Section 248(1)Cr.P.C. vide Ext.P4 judgment.

In fact, the law requires that there should be a review of the

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suspension after a period of one year.

In such circumstances, particularly in view of the fact that the

charges for which petitioner is proceeded with the departmental

proceedings is same as he was proceeded in the criminal court, it

may not be proper to keep the petitioner under suspension.

Accordingly, Ext.P1 and Ext.P8 to the extent that petitioner is not

granted the relief of immediate reinstatement are quashed. It is

however made clear that it is open to the respondents to proceed to

bring the departmental proceedings commenced against the

petitioner to its logical conclusion and take action based on the

findings in the enquiry. Petitioner shall be reinstated in service

within a period of two weeks from today.

K.M.JOSEPH

JUDGE

sv.

WPC No.33284/06 4