IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 35109 of 2010(K)
1. A.RADHAKRISHNAN POTTI, SANTHI,
... Petitioner
Vs
1. THE TRAVANCORE DEVASWOM BOARD,
... Respondent
2. THE COMMISSIONER, TRAVANCORE DEVASWOM
3. THE DEPUTY DEVASWOM COMMISSIONER
4. THE ASSISTANT DEVASWOM ACCOUNTS OFFICER,
5. THE SUB GROUP OFFICER,
For Petitioner :SRI.D.KISHORE
For Respondent :SRI.P.G.PARAMESWARA PANICKER (SR.)
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :20/12/2010
O R D E R
S. SIRI JAGAN, J.
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W.P.(C)No.35109 of 2010
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Dated this the 20th day of December, 2010
J U D G M E N T
The petitioner is a Santhi in Pachayyam Devaswom,
Chezhugannoor Sub Group, Neyyattinkara under the
Travancore Devaswom Board. He was under suspension
from 30.12.2003 to 24.05.2005 and was reinstated. Again
he was placed under suspension from 07.07.2005 and was
reinstated on 24.12.2009. Subsequently, Ext.P9 memo of
charges has been issued to the petitioner. Further by
Ext.P10 order the period of suspension has been treated as
period of leave without allowances and the subsistence
allowance was ordered to be recovered from him. The
petitioner seeks the following reliefs:
“a. Call for the records leading to the passing of Exhibit P10
and quash the same to the extent it directs the recovery
of subsistence allowance paid to the petitioner during the
period of his suspension from 30.12.2003 to 24.05.2005
by issuing a writ of certiorari or any other appropriate
writ, direction or order.
b. issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondents to complete
the enquiry proceedings initiated against the petitioner
on the basis of Exhibit P9 as expeditiously as possible.
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c. issue a writ of mandamus or any other appropriate writ,
direction or order directing the respondents to disburse
the subsistence allowance payable to the petitioner
during the period of his suspension from 7.7.2005 till
reinstatement with 12% interest therein and also to
disburse the pay revision benefits to the petitioner as
expeditiously as possible.”
On 8.12.2010, I passed the following interim order:
“Admit. The learned standing counsel takes notice on behalf of
the respondents.
There would be an interim stay of recovery of any part of
the subsistence allowance paid to the petitioner during the first
period of suspension. There would also be a direction to the
respondents to see that the subsistence allowance due to the
petitioner for the period of suspension from 7.7.2005 till
24.12.2009 is paid within one month from the date of receipt of
a copy of this order. The learned standing counsel shall get
instructions as to within what time, the pending disciplinary
proceedings against the petitioner can be completed.
Post after a week.”
Today, the learned standing counsel for the Devaswom
Board submits that, they would require two more months’
time to complete the disciplinary proceedings. In the above
circumstances confirming the interim, order I dispose of
this writ petition with a further direction to the respondents
to complete the disciplinary proceedings against the
petitioner within a period of two months from the date of
receipt of a copy of this judgment. Needless to say that the
petitioner shall co-operate with the enquiry and be ready to
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participate in the enquiry whenever the enquiry is posted.
The challenge against recovery of the subsistence allowance
is left open to be taken up by the petitioner after the
disciplinary proceedings are over. Till then recovery shall
not be made.
S. SIRI JAGAN
JUDGE
shg/