IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC THURSDAY, THE 22ND JULY 2010 / 31ST ASHADHA 1932 WP(C).No. 22932 of 2010(N) -------------------------- PETITIONER(S): --------------- K.MADHUSOODANAN DEPUTY CHIEF ENGINEER (IRRIGATION) O/O. CHIEF ENGINEER (I&A) THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE POONTHOTTAM RESPONDENT(S): --------------- STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARAIT THIRUVANANTHAPUAM. BY GOVT. PLEADER SRI. ARAVINDKUMAR BABU THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO. 22932 OF 2010(N) -------------------------------------------------- Dated this the 22nd day of July, 2010 J U D G M E N T While working as Executive Engineer(Irrigation) on allegations of misconduct, petitioner was placed under suspension by Ext.P3 order. He applied for revocation of the suspension and that was rejected. That order was challenged before this court in WP (c).No.33941/2008. The writ petition was disposed of by Ext.P16 judgment setting aside the Government Order rejecting the petitioner's request for revoking the suspension and directing that the matter shall be considered as directed therein. It was also directed that the disciplinary enquiry should be completed within one year from the date on which it is ordered. 2. In pursuance to the directions in Ext.P16 judgment, Government passed Ext.P17 order reinstating the petitioner on condition that the disciplinary action will be proceded with and finalised within one year and ordering that the mode of treatment period of suspension will be decided later. Petitioner states that there was no progress in the matter and that his claim for WPC.No.22932 /2010 :2 : promotion was overlooked. With that grievance he filed the writ petition before the this court as W.P(c).No.5983/2010 and obtained Ext.P19 interim order directing that his claim shall be considered by a review DPC. Accordingly review DPC considered his claim for promotion and revised the select list by Ext.P20 and he was promoted to the post of Deputy Chief Engineer by Ext.P1 order. 3. In this writ petition what he submits is that the respondents made no progress in the disciplinary action initiated against him and that the time limit prescribed by this court in Ext.P16 judgment and Ext.P19 order and the Government in Ext.P17 order have expired. It is stated that since the respondents themselves have committed default in completing the disciplinary proceedings his period of suspension should be regularized. It is with this grievance and seeking a direction in this regard the writ petition is filed. 4. Admittedly, disciplinary proceedings were initiated against the petitioner and in Ext.P16 judgment, this court directed that the same shall be completed within one year from the date on which disciplinary action is ordered. This direction was reiterated by the WPC.No.22932 /2010 :3 : Government in Ext.P17 order. These orders have been taken note of and further directions in this behalf have been issued in Ext.P19 interim order passed by this court. In spite of the above, if as a matter of fact, the disciplinary action is not completed within the period specified in Ext.P16 judgment and Ext.P19 interim order, the course open to the petitioner is to initiate proceedings against the respondent for non compliance with the aforesaid directions. However, that does not, mean that the petitioner can claim that he should stand exonerated of the charges which are leveled against him. Therefore at this stage respondents cannot be directed to pass orders on the issue of regularization of his suspension period. 5. Therefore as at present the petitioner cannot seek a direction for the regularization of his suspension and his remedy is to initiate proceedings against the respondents, if he has a case that they have not complied with the directions in Ext.P16 judgment and Ext.P19 interim order passed by this court. Writ petition fails and is dismissed. (ANTONY DOMINIC) JUDGE vi/ WPC.No.22932 /2010 :4 :