IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 33773 of 2009(N)
1. E.M.CHANDRIKA UDC (UNDER SUSPENSION)
... Petitioner
Vs
1. STATE OF KERALA REP.BY ITS SECRETARY TO
... Respondent
2. THE DIRECTOR OF AGRICULTURAL
3. THE JOINT DIRECTOR OF AGRICULTURAL
4. THE ASSISTANT DIRECTOR OF AGRICULTURAL
For Petitioner :SRI.O.D.SIVADAS
For Respondent : No Appearance
The Hon'ble MR. Justice C.T.RAVIKUMAR
Dated :10/02/2010
O R D E R
C.T. RAVIKUMAR, J.
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W.P.(C) NO. 33773 OF 2009
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Dated this the 10th day of February, 2010
JUDGMENT
The petitioner is an Upper Division Clerk attached to the Principal
Agricultural Office, Chembookkavu, Thrissur. As per Ext.P1 order dated
7.4.2008, she was placed under suspension along with one N.C. Krishna
Kumar, Assistant Director of Agriculture, Kunnamkulam, pending
vigilance enquiry, on the allegation that they misappropriated Government
money. This Writ Petition is filed challenging Ext.P1 order of suspension
and also for a direction to the first respondent to issue necessary orders to
refund a sum of Rs.3,89,145/- remitted by the petitioner in Account
No.10411663480 of the State Bank of India, Kunnamkulam branch. The
petitioner has produced Ext.P3 dated 4.6.2009, along with I.A. No.1531
of 2010, which is an order whereby the said Krishna Kumar, who was
placed under suspension along with the petitioner, was reinstated in
service, pending detailed enquiry by the Vigilance and Anti Corruption
Bureau. The contention of the petitioner is that when the person who was
placed under suspension along with her was reinstated in service, there is
W.P.(C) NO. 33773/2009 2
no reason for not considering her claim for reinstatement.
2. Ext.P1 order of suspension is passed by the Government and,
therefore, it is for the petitioner to file a Review Petition under Rule 35 of
the Kerala Civil Services, (Classification, Control and Appeal) Rules,
1960 for reviewing Ext.P1 order. In the circumstances explained above,
the petitioner may file a Review Petition, along with a copy of this
judgment, before the first respondent within a period of ten days from
today. In case such a Review Petition is received by the first respondent,
the same shall be considered in accordance with law and taking into
account Ext.P3 order, within a period of one month from the date of
receipt of the Review Petition. The petitioner is also at liberty to file
appropriate petition before the authorities regarding her grievance and
demand for refund of Rs.3,89,145/- remitted by her.
The Writ Petition is disposed of as above.
(C.T. RAVIKUMAR, JUDGE)
sp/
W.P.(C) NO. 33773/2009 3
C.T. RAVIKUMAR, J.
W.P.(C) NO. 33773/2009
JUDGMENT
10th February, 2010
W.P.(C) NO. 33773/2009 4