V.Radhakrishna Pillai vs State Of Kerala on 7 January, 2011

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Kerala High Court
V.Radhakrishna Pillai vs State Of Kerala on 7 January, 2011
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 35832 of 2010(D)


1. V.RADHAKRISHNA PILLAI,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF CIVIL SUPPLIES,

3. THE COMMISSIONER OF CIVIL SUPPLIES,

4. THE CHAIRMAN AND MANAGING DIRECTOR,

5. THE ADDITIONAL GENERAL MANAGER(P&A),

6. THE DIRECTOR,

                For Petitioner  :SRI.ELVIN PETER P.J.

                For Respondent  :SMT.MOLLY JACOB,SC,SUPPLYCO

The Hon'ble MR. Justice S.SIRI JAGAN

 Dated :07/01/2011

 O R D E R
                                 S.SIRI JAGAN, J.
                         ==================
                          W.P.(C).No.35832 of 2010
                         ==================
                 Dated this the 7th day of January, 2011
                                 J U D G M E N T

Petitioner’s grievance in this writ petition is that although the

petitioner was suspended more than a year ago, the disciplinary

proceedings pursuant to suspension have not been completed yet. At

the same time, the petitioner is continued on suspension indefinitely.

The petitioner, therefore, seeks the following reliefs:

“i) issue a writ of certiorari or any other appropriate writ, direction
or order calling for the records leading to Ext.P6 and quashing
the same.

ii) issue a writ of mandamus or any other appropriate writ,
direction or order directing respondents 1 and 2 to reinstate the
petitioner in service forthwith.

iii) declare that the action of the respondents in not reinstating the
petitioner in service is discriminatory and violative of Article 14
of the Constitution of India.”

2. By orders dated 17.12.2010 and 3.1.2011, I directed the

learned Government Pleader to get instructions as to what proceedings

have been taken in the disciplinary proceedings initiated by suspending

the petitioner more than a year ago.

3. Today, the learned Government Pleader submits that no

further proceedings have been taken in the matter. I am of opinion

that after suspending the petitioner, the respondents have to take the

proceedings to its logical conclusion expeditiously.

4. In the above circumstances, this writ petition is disposed of

with the following directions:

w.p.c.35832/10 2

The respondents shall see that the disciplinary proceedings

initiated against the petitioner by suspending him shall be taken to its

logical conclusion, as expeditiously as possible, at any rate, within four

months from the date of receipt of a certified copy of this judgment.

If, for any valid reason, the respondents are unable to complete the

proceedings within the said four months, the petitioner shall be

reinstated in service, after the expiry of the said four months, if the

respondents do not decide to revoke the suspension earlier.

Sd/-

sdk+                                              S.SIRI JAGAN, JUDGE

          ///True copy///




                              P.A. to Judge

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