High Court Kerala High Court

P.V. Sreedharan (Under … vs State Of Kerala on 8 July, 2008

Kerala High Court
P.V. Sreedharan (Under … vs State Of Kerala on 8 July, 2008
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 20487 of 2008(L)


1. P.V. SREEDHARAN (UNDER SUSPENSION),
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REP. BY
                       ...       Respondent

2. INSPECTOR GENERAL OF POLICE,

3. THE DISTRICT SUPERINTENDENT OF

4. THE ASSISTANT COMMANDANT (AR),

                For Petitioner  :SRI.T.G.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice V.GIRI

 Dated :08/07/2008

 O R D E R
                            V.GIRI,J.
                     -------------------------
                W.P ( C) No. 20487 of 2008
                     --------------------------
               Dated this the 8th July, 2008

                       J U D G M E N T

Petitioner is aggrieved by Exhibit P1 order of

suspension issued by the District Superintendent of Police

(Rural) Kozhikode. According to the petitioner , the order

of suspension has been passed on incorrect factual

premises. Apparently, the petitioner has been suspended

on the ground that petitioner had refused to accept the

transfer order and misbehaved towards the Duty Officer.

According to the learned counsel for the petitioner, this is

not correct. Petitioner had made a representation to the

Reserve Inspector AR Camp for allowing him 10 days

medical leave with effect from 4.6.2008.

2. In my view, petitioner has an efficacious

remedy by way of an appeal against Exhibit P1. He also

has a remedy by way of an application for revocation. But

in the facts and circumstances of the case, it would be

W.P ( C) No. 20487 of 2008
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appropriate that petitioner files an appeal against Exhibit

P1.

In the result, the writ petition is disposed of

permitting the petitioner to file an appeal against Exhibit

P1 before the competent appellate authority in terms of

Rule 22 of the Kerala Civil Services (classification, control

and appeal) Rules, 1960. If the appeal is filed within two

weeks from today, it shall be considered and disposed of by

the appellate authority within three weeks from the date of

receipt of the appeal, after hearing the petitioner.

(V.GIRI, JUDGE)
ma

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