IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 4TH MARCH 2011 / 13TH PHALGUNA 1932 WP(C).No. 6803 of 2011(A) -------------------------------------- PETITIONER(S): ------------------------- T.SAJITH, AGED 45 YEARS,S/O.T.NARAYANAN, HEALTH INSPECTOR GRADE-II,COMMUNITY HEALTH CENTRE, AZHEEKODU,AZHEEKODU.P.O,KANNUR-670 009.RESIDING AT UNUKKATIL HOUSE,THULICHERRY.P.O,PALLIKKUNNU, KANNUR-670 004. BY SRI.ABRAHAM VAKKANAL, SENIOR ADVOCATE BY ADVS. SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS RESPONDENT(S): -------------------------- 1. THE ADDITIONAL DIRECTOR OF HEALTH SERVICES(P & H),DIRECTORATE OF HEALTH SERVICES, THIRUVANANTHAPURAM-695 035. 2. THE DISTRICT MEDICAL OFFICER OF HEALTH, KANNUR-670 002. 3. THE MEDICAL OFFICER, COMMUNITY HEALTH CENTRE, AZHEEKODU,KANNUR-670 009. BY GOVERNMENT PLEADER SRI. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/03/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: sts S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No. 6803 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 4th day of March, 2011 J U D G M E N T The petitioner is a Health Inspector Grade-II working at Community Health Centre, Azheekodu, Kannur. The petitioner has been suspended from service on certain allegations of misconduct by Ext.P10 order. The petitioner is challenging Ext.P10 order seeking the following reliefs: “(i) Issue a writ of certiorari or other appropriate writ or order quashing Ext.P10 order, being illegal, arbitrary and malafide; (ii) Issue a writ of mandamus or other appropriate writ or direction commanding the respondents 1 to 3 to continue the petitioner in service and to give him transfer as ordered in Ext.P2; (iii) to declare that the suspension of the petitioner as per Ext.P10, on the facts of this case, is illegal, unjustified and arbitrary.” In so far as the petitioner has a remedy by way of filing an application under Section 10 (6) of the Kerala Civil Services (Classification, Control and Appeal) Rules, I am not inclined to interfere with the suspension at this stage. In the above circumstances, the writ petition is disposed of with W.P.(C)No. 6803 of 2011 -2- the following directions: If the petitioner files an application under Section 10 (6) of the Kerala Civil Services (Classification, Control and Appeal) Rules, the 1st respondent shall consider and pass orders on the same, after affording an opportunity of being heard to the petitioner as expeditiously as possible, at any rate within a period of one month from the date of receipt of the representation. Sd/- S. SIRI JAGAN JUDGE //True copy// P.A. TO JUDGE shg/