K.I.Aney vs Tinku Biswal on 20 January, 2009

       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

Con.Case(C).No. 25 of 2009(S)


1. K.I.ANEY, AGED 49 YEARS, S/O.KUTTAN,
                      ...  Petitioner

                        Vs



1. TINKU BISWAL, AGED ABOUT 40 YEARS,
                       ...       Respondent

2. K.K.RAMAKRISHNAN, AGED ABOUT 50 YEARS,

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  :GOVERNMENT PLEADER

The Hon'ble MR. Justice V.GIRI

 Dated :20/01/2009

 O R D E R
                        V.GIRI, J
                      -------------------
                     C.O.C.25/2009
                     --------------------
       Dated this the 20th day of January, 2009

                     JUDGMENT

Heard Mr.C.Rajendran, learned counsel for the

petitioner and learned Government Pleader. I have

perused the affidavit filed by the respondents. I am

not in a position to say that there is violation of the

orders passed by this Court in the light of Annexure-

A6 order which is same as Annexure-R1(a). Since I

have reserved the right of the Government to suspend

the petitioner, if necessary by passing a fresh order,

the suspension effected as per the subsequent order

passed on 3.1.2009 cannot be considered as one in

contravention of the orders passed by this Court. It is

open to the petitioner to challenge the said order.

Suffice it to say that the petitioner should be treated

as having been in service from the date of Annexure-

A6 order till the date on which he was suspended for

the second time as per order dated 3.1.2009, and

shall be entitled to all such benefits as accruing

therefrom. Subject to the right of the petitioner to

C.O.C.25/2009
2

take steps in relation to the fresh order of suspension,

Contempt of Court case is closed.

V.GIRI,
Judge

mrcs