IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 12983 of 2008(S)
1. V.GOPINATHAN, IFS, CHIEF CONSERVATOR OF
... Petitioner
Vs
1. STATE OF KERALA, REPRESENTED BY CHIEF
... Respondent
2. UNION OF INDIA -REPRESENTED BY ITS
3. SHRI.BINOY VISWAM, HON'BLE MINISTER FOR
For Petitioner :SRI.N.N.SUGUNAPALAN (SR.)
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MRS. Justice K.HEMA
Dated :11/04/2008
O R D E R
J.B.KOSHY & K.HEMA, JJ.
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W.P.(C)No.12983 OF 2008
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Dated 11th April, 2008
JUDGMENT
Koshy,J.
Petitioner while working as Chief Conservator of Forests
(Vigilance) was suspended pending enquiry on 18.9.2007. It is the case
of the appellant that he took charge in the present post only in January,
2007 and the alleged incident that finally resulted in the charges took
place in 2005. According to the appellant, he is innocent. That is a
matter to be considered by the authorities. We are not expressing any
opinion regarding the merits of the matter. The main grievance of the
petitioner is that he was initially suspended for three months. Thereafter
by Ext.P4 suspended was extended by 180 days. According to him,
enquiry was completed, but, he has not informed all the details regarding
the report and he assumes that he was found innocent. Whatever is that,
an employee cannot be suspended pending enquiry indefinitely. In these
circumstances, without going into the merits of the matter, we direct the
department to complete the enquiry within the period mentioned in
Ext.P4 order dated 15.12.2007. In any event, if enquiry is not
completed, he may be reinstated in service, but, the department can
continue the enquiry. If Government wants he can even be posted in any
W.P.(C).12983/2008 2
other equivalent post, but, he should not be kept under suspension
further. Central Administrative Tribunal considered only suspension
pending enquiry during the initial period of three months by Ext.P17
award. In the above circumstances, we dispose of the writ petition
with the above direction.
J.B.KOSHY
JUDGE
K.HEMA
JUDGE
tks