IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 36112 of 2008(Y)
1. D.EDISON, AGED 52 YEARS,S/O. DAVID,
... Petitioner
Vs
1. PRINCIPAL CHIEF CONSERVATOR OF FORESTS,
... Respondent
2. CHIEF CONSERVATOR OF FORESTS, '
3. CONSERVATOR OF FORESTS,
4. ASSISTANT CONSERVATOR OF FORESTS,
5. DIVISIONAL FOREST OFFICER,
6. RANGE OFFICER, THUNDATHIL RANGE,
For Petitioner :SRI.V.N.RAMESAN NAMBISAN
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :09/12/2008
O R D E R
P.N.RAVINDRAN, J
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W.P.(C) NO:36112 of 2008
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Dated this the 9th day of December, 2008
JUDGMENT
Heard Sri.V.N.Ramesan Nambisan, the learned counsel appearing for
the petitioner.
2. The petitioner challenges Ext.P1 order dated 29-10-2008 passed
by the Principal Chief Conservator of Forests, placing him under suspension
with immediate effect.
3. The petitioner challenges Ext.P1 order of suspension on various
grounds. Ext.P1 is an order of suspension passed by the Principal Chief
Conservator of Forests under Rule 10 of the Kerala Civil Services
(Classification, Control and Appeal) Rules, 1960. Rule 22 of the said Rules
confers on the petitioner the right to file an appeal challenging Ext.P1.
Rule 31 of the said Rules stipulates that in the case of appeal against an
order of suspension, the appellate authority shall consider whether in the
light the provisions of Rule 10 and having regard to the circumstances of
the case, the order of suspension is justified or not. The petitioner has thus
an efficacious alternative remedy to challenge Ext.P1. Further, the period
of limitation prescribed for filing an appeal under Rule 25 has not also
expired.
In these circumstances, I dispose of the writ petition with the
following directions:
wpc:36112 of 2008
2
The petitioner shall, within the period prescribed under
Rule 25 of the Kerala Civil Services (Classification, Control
and Appeal) Rules, 1960, file an appeal before the Secretary
to Government, Forest and Wild Life Department. Such
appeal shall be submitted before the Officer, who has passed
Ext.P1 order of suspension. The said officer shall, within two
weeks from the date of receipt of the memorandum of appeal,
forward it to the Secretary to Government, Forest and Wild
Life Department. The Secretary to Government, Forest and
Wild Life Department shall within one month from the date of
receipt of the appeal consider the same and pass orders
thereon, after affording the petitioner an opportunity of being
heard.
P.N.RAVINDRAN,
JUDGE
bps