IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 6TH AUGUST 2009 / 15TH SRAVANA 1931 WP(C).No. 22175 of 2009(N) ---------------------------------------- PETITIONER(S): ------------------------- ANANDA KRISHNAN A., (UPPER DIVISION CLERK (UNDER SUSPENSION), ATHAVANAD GRAMA PANCHAYAT, MALAPPURAM DISTRICT), AYNIKKAL HOUSE, PERUMPILAVU P.O., (VIA) KARIKKAD, THRISSUR DISTRICT, PIN 680 519. BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, SMT. N.SANTHA, MR.PETER JOSE CHRISTO, MR. ANAND S.A., MR.RAMESH.C.R., MR.VIMAL.K.V. RESPONDENT(S): ---------------------------- DEPUTY DIRECTOR OF PANCHAYATS, MALAPPURAM, PIN 676 505. BY SR. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/08/2009THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.22175 of 2009 -------------------------------------- Dated 6th August, 2009 JUDGMENT Heard Sri.S.P.Aravindakshan Pillay, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner, an Upper Division Clerk working in Athavanad Grama Panchayat in Malappuram District was placed under suspension by Ext.P5 order dated 19.6.2009 issued by the Deputy Director of Panchayats, Malappuram. The petitioner challenges Ext.P5 on various grounds including the contention that the Deputy Director of Panchayats is not competent to place the petitioner, an officer in the category of Upper Division Clerk, under suspension. The petitioner contends that the Deputy Director of Panchayats is neither the appointing authority nor the disciplinary authority and therefore Ext.P5 is an order passed without jurisdiction. 3. When this writ petition came up for admission yesterday, the learned Government Pleader was requested to ascertain and submit whether the Deputy Director of Panchayats is the appointing authority or the competent disciplinary authority. Today WP(C).No.22175/2009 2 when the writ petition came up for further hearing, the learned Government Pleader appearing for the respondents fairly submitted that the disciplinary authority as well as the appointing authority, empowered to place the petitioner under suspension is the Director of Panchayats. 4. A Full Bench of this Court has in the decision reported in State of Kerala v. C.K.Saseendran (ILR 2009(2) Kerala 193) held that the authority subordinate to the appointing authority cannot place a Government servant under suspension. In view of the admitted fact that the Deputy Director of Panchayats is neither the disciplinary authority nor the appointing authority, it cannot be disputed that he was not competent to place the petitioner under suspension. In that view of the matter, it has necessarily to be held that Ext.P5 order passed by the Deputy Director of Panchayats, Malappuram placing the petitioner under suspension is an order passed without authority. In the result, I allow this writ petition, quash Ext.P5 and direct the respondents to reinstate the petitioner in service within one week from the date on which the petitioner produces a certified copy of this judgment. It is clarified that nothing contained in this judgment will stand in the way of the competent authority from taking WP(C).No.22175/2009 3 appropriate action in the matter if reasons exist for such action. The petitioner's contentions on the merits are kept open. The Registry is directed to issue certified copies of this judgment to the learned counsel appearing on both sides on the day it is applied for. P.N.RAVINDRAN Judge TKS