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