IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 16TH JULY 2009 / 25TH ASHADHA 1931 WP(C).No. 17309 of 2009(G) --------------------------------------- PETITIONER: ------------------- P.GIREESH KUMAR, AGED 40 YEARS, S/O.GOVINDAN NAIR V., NOW AT VADAPURATH HOUSE, PALACE SQUARE, CHOTTANIKKARA P.O., KANAYANNUR TALUK. BY ADV. MR.DINESH R.SHENOY. RESPONDENTS: ------------------------ 1. THE SECRETARY, COCHIN DEVASWOM BOARD, THRISSUR. 2. THE ASST. COMMISSIONER, THIRUVANJIKULAM GROUP, COCHIN DEVASWOM BOARD, KODUNGALLOOR. R1 & R2 BY MR.K.GOPALAKRISHNA KURUP,SC,COCHIN D.B. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/07/2009,ALONG WITH W.P.(C). NO.18665/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) Nos. 17309 and 18665 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 16th day of July, 2009 JUDGMENT Common questions arise in these writ petitions. They were therefore heard together and are being disposed of by this common judgment. 2. The petitioners are the employees of the Cochin Devaswom Board. The petitioner in W.P.(C) No. 17309 of 2009 is the Devaswom Officer of Annamanada Devaswom and the petitioner in W.P.(C) No. 18665 of 2009 is Masappady of Chirangara Devaswom. They were placed under suspension by order dated 31-10-2008 issued by the Secretary of the Cochin Devaswom Board. The petitioner in W.P.(C) No. 186665 of 2009 was placed under suspension along with others on the ground that they had committed theft of money after breaking open the “bhandaram”. The complaint against the petitioner in W.P.(C) No. 17309 of 2009 is that though he had witnessed the offence being committed, he did not prevent the miscreants from committing theft of money. 3. Sri.K.Gopalakrishna Kurup, the learned standing counsel for the respondents submits that pursuant to the order of suspension, the memo of charges is being framed and that it will be served on the petitioners and disciplinary action will be finalized expeditiously. He W.P.(C) No. 17309/09 and con. case 2 submits that the charges levelled against the petitioners are very serious in nature and they cannot be reinstated in service before the enquiry is completed. 4. The orders impugned in these writ petitions disclose very serious acts of misconduct. Therefore, it cannot be said that the respondents were not justified in placing the petitioners under suspension. However, as seven months have passed after the petitioners were placed under suspension, I am of the opinion that the Cochin Devaswom Board should consider whether the petitioners should continue under suspension. I accordingly dispose of this writ petition with a direction that in the event of the petitioners filing appropriate individual representations before the Special Devaswom Commissioner who is presently discharging the functions of the Cochin Devaswom Board, the Special Devaswom Commissioner shall consider the same and pass orders therein within six weeks from the date on which the petitioners submit such representations. If the petitioners file the representations after the Cochin Devaswom Board is re-constituted, the Special Commissioner shall forward the same to the Cochin Devaswom Board. The Cochin Devaswom Board/Special Commissioner shall after final orders are passed communicate the decision taken on the representations to the W.P.(C) No. 17309/09 and con. case 3 petitioners expeditiously. The contentions of the petitioners on the merits are kept open. The writ petitions are disposed of as above. No costs. P.N.RAVINDRAN, JUDGE. mn.