IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8439 of 2009(Y)
1. R.WILSON, S/O. RAJAYYAN,
... Petitioner
2. J.SOMAN KURUP, S/O. JANARDANAN PILLAI,
Vs
1. THE STATE OF KERALA, REP. BY ITS
... Respondent
2. THE LAND REVENUE COMMISSIONER,
3. THE DISTRICT COLLECTOR, PATHANAMTHITTA.
For Petitioner :SRI.S.SREEKUMAR
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :22/06/2009
O R D E R
P.N.RAVINDRAN, J.
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W.P(C) No.8439 of 2009-Y
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Dated this the 22nd day of June, 2009.
J U D G M E N T
Heard Sri.S.Sreekumar, the learned counsel appearing for the
petitioners and Sri.Antony Mukkath, the learned Government Pleader
appearing for the respondents.
2. The petitioners who are Special Village Officer and Village
Officer respectively, were placed under suspension by order dated
15.9.2008 passed by the District Collector, Pathanamthitta. Aggrieved
thereby the petitioners filed an appeal before the Land Revenue
Commissioner. By Ext.P9 order passed on 10.2.2009, the appeals were
rejected. In this writ petition the petitioners challenge Exts.P4 and P9
orders passed by the District Collector and the Land Revenue
Commissioner respectively.
3. The pleadings disclose that the petitioners were placed
under suspension on 5.9.2008. More than nine months have passed
thereafter. Para 17 of the Manual for Disciplinary Proceedings stipulates
that cases of Government servants who are continuing under suspension
pending disciplinary proceedings initiated against them, for a period
exceeding six months have to be reviewed. I am therefore of the opinion
that the State Government should consider whether the petitioners
W.P(C) No.8439 of 2009-Y 2
should continue to be under suspension. The learned Government
Pleader appearing for the respondents submits that the files relating to
the petitioners have already been placed before the Suspension Review
Committee and the Suspension Review Committee will meet and pass
orders on the question whether the petitioners should remain under
suspension.
In the light of the submissions made at the Bar by the learned
counsel appearing on either side, I dispose of this writ petition with a
direction to the Secretary to Government, Revenue Department to
consider whether the petitioners should continue under suspension and
take a decision thereon in accordance with the law, expeditiously and in
any event within three months from today. The Secretary to Government,
Revenue Department shall also hear the petitioners before taking a
decision in the matter. After orders are passed as directed above, the
Government shall communicate a copy thereof to the petitioners
expeditiously.
Sd/-
P.N.RAVINDRAN
JUDGE
//True Copy//
PA to Judge
ab