High Court Kerala High Court

S.Sugunanandan vs State Of Kerala on 15 July, 2010

Kerala High Court
S.Sugunanandan vs State Of Kerala on 15 July, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 22093 of 2010(J)


1. S.SUGUNANANDAN, S/O.K.R.NARAYANAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENTED BY THE
                       ...       Respondent

2. DIRECTOR, MUSEUMS AND ZOO,

                For Petitioner  :SRI.M.SREEKUMAR

                For Respondent  : No Appearance

The Hon'ble MR. Justice ANTONY DOMINIC

 Dated :15/07/2010

 O R D E R
                       ANTONY DOMINIC, J.
                    ================
                 W.P.(C) NO. 22093 OF 2010 (J)
                =====================

             Dated this the 15th day of July, 2010

                         J U D G M E N T

Petitioner challenges Ext.P10.

2. By order dated 6/3/07, petitioner who was then a

Senior Head Clerk, was promoted as Junior Superintendent.

Subsequently, along with two others, petitioner was placed under

suspension w.e.f. 5/3/08, for grave financial irregularities. Later

by order dated 11/12/08, petitioner and others were reinstated in

service and the case was referred to Vigilance Tribunal for a

detailed enquiry.

3. At the time when the petitioner was suspended on

4/3/08, petitioner was one day short for completing the required

period of probation. He therefore submitted requests for

declaration of his probation after joining duty and accordingly

probation was declared by order dated 19/2/09 reckoning one day

from his reinstated service. This was subsequently found to be

irregular as one day from the reinstated service was taken at a

time when disciplinary proceedings were pending against the

petitioner.

WPC No. 22093/10
:2 :

4. Thereupon notice was issued calling upon the

petitioner to show cause why the probation declared as per Ext.P7

shall not be cancelled, to which the petitioner submitted his reply.

The proceedings were finalized by Ext.P10 cancelling the order

dated 19/2/09 declaring the probation and the petitioner is

ordered to be on probation till disciplinary proceedings against

him is completed. It is this order, which is under challenge.

5. Evidently, at the time when the petitioner was placed

under suspension, he had not completed the required period of

probation. Therefore, the shortage was made up by adding one

day from his reinstated service. When that order was passed,

disciplinary proceedings were pending against the petitioner. It is

on account of that fact that the probation was cancelled.

Declaration of probation requires completion of service for the

prescribed period and also the service should be satisfactory.

6. From the above, although it is evident that the

petitioner has completed the required length of service, on

account of the pendency of the disciplinary proceedings, the

Authority has concluded that the service of the petitioner is not

WPC No. 22093/10
:3 :

satisfactory. This obviously enables the appointing authority not

to declare the probation of the petitioner, which has been done by

Ext.P10. I do not find anything erroneous in Ext.P10.

Writ petition fails and is dismissed.

ANTONY DOMINIC, JUDGE
Rp