IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 27827 of 2010(C)
1. K.KRISHNAKUMAR, U.D.CLERK,
... Petitioner
Vs
1. KOLLAM CORPORATION REPRESENTED BY ITS
... Respondent
2. SECRETARY, KOLLAM CORPORATION,
3. DIRECTOR, URBAN AFFAIRS DEPARTMENT,
For Petitioner :SRI. K.SIJU
For Respondent : No Appearance
The Hon'ble MR. Justice S.SIRI JAGAN
Dated :16/09/2010
O R D E R
S.SIRI JAGAN, J.
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W.P.(C).No. 27827 of 2010
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Dated this the 16th day of September, 2010
J U D G M E N T
The petitioner, while working as a PW Clerk in the Kollam
Corporation, was suspended from service pending enquiry, on
9.9.2009, by Ext.P2 order, issued by the 2nd respondent-Secretary of
the Kollam Corporation. The petitioner is challenging the said
suspension. The contention of the petitioner is that as held by this
Court in Kumar v. State of Kerala [2005 (4) KLT 396], the Secretary of
the Corporation does not have powers to suspend the petitioner.
2. In answer to the same, the learned standing counsel for
the Corporation points out that what is prohibited in the above said
decision is the suspension order passed by the Secretary on his own,
without reference to the Corporation. According to the learned
standing counsel, in this case, the petitioner has been suspended by
the Secretary as per orders of the Mayor and, therefore, the petitioner
cannot now take a stand that because of the said decision the
petitioner’s suspension by the Secretary of the Corporation, is
unsustainable. When confronted with this contention of the learned
standing counsel, the petitioner confines his relief for a direction to
respondents 1 and 2 to complete the disciplinary proceedings initiated
by his suspension, expeditiously.
2
3. Having heard both sides, I dispose of this writ petition with
a direction to respondents 1 and 2 to complete the disciplinary
proceedings initiated against the petitioner, by Ext.P2 suspension
order, as expeditiously as possible, at any rate, within two months
from the date of receipt of a certified copy of this judgment.
Sd/-
sdk+ S.SIRI JAGAN, JUDGE
///True copy///
P.A. to Judge