High Court Kerala High Court

A.R. Vijayalekshmi vs State Of Kerala on 24 July, 2009

Kerala High Court
A.R. Vijayalekshmi vs State Of Kerala on 24 July, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20851 of 2009(B)


1. A.R. VIJAYALEKSHMI , AGED 50 YEARS,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY
                       ...       Respondent

                For Petitioner  :SRI.KISHOR B.

                For Respondent  : No Appearance

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

 Dated :24/07/2009

 O R D E R
                           P.N.RAVINDRAN, J.
                      -------------------------------------
                       W.P.(C)No.20851 of 2009
                      --------------------------------------
                          Dated 24th July, 2009

                                JUDGMENT

Heard Sri.Kishor. B, the learned counsel appearing for the

petitioner and Smt.Anu Sivaraman, the learned Senior Government

Pleader appearing for the respondents.

2. The petitioner, an officer in the category of Assistant

Director of Agriculture was placed under suspension by Ext.P1

Government order dated 11.12.2008. Thereafter, Ext.P3 memo of

charges and statement of allegations of misconduct were also served

on her and she submitted Ext.P4 reply dated 25.5.2009. The

petitioner submits that till date, final orders have not been passed in

the disciplinary action and that the request made by her in Ext.P6 to

review the order of suspension has also not been considered.

3. Paragraph 17 of the Manual for Disciplinary Proceedings

stipulates that cases of Government servants who are continuing

under suspension for a period of six months pending disciplinary

proceedings initiated against them have to be reviewed. It is also

stipulated that it will be desirable to limit the maximum period of

suspension of the officers in such cases to six months in the normal

circumstances and to reinstate them in service without prejudice to the

WP(C).No.20851/2009 2

disciplinary proceedings pending against them. It is further stipulated

that in exceptional cases where it is not possible to adhere to this time

limit, the authority which placed the officer under suspension should

report the facts to the next higher authority and such higher authority

should review the case. In the instant case, the order of suspension

was passed by the Government on 11.12.2008. More than seven

months have passed thereafter. Going by the nature of the allegations

levelled against the petitioner in Ext.P3 memo of charges and the fact

that the petitioner has been continuing under suspension for the past

more than seven months, I am of the opinion that the request made

by the petitioner in Ext.P6 should be considered by the Government.

I accordingly dispose of this writ petition with a direction

to the respondents to consider the request made by the petitioner in

Ext.P6 and pass orders thereon expeditiously and in any event within

four weeks from the date on which the petitioner produces a certified

copy of this judgment before the Additional Chief Secretary to

Government and Agricultural Production Commissioner. The Additional

Chief Secretary to Government and Agricultural Production

Commissioner shall also afford the petitioner a reasonable opportunity

of being heard before passing orders as directed above.

P.N.RAVINDRAN
Judge

TKS