IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 18TH FEBRUARY 2010 / 29TH MAGHA 1931 WP(C).No. 521 of 2010(M) ------------------------ PETITIONER(S): --------------- K.GOPALAKRISHNAN,OVERSEER GRADE.II, SHORNUR MUNICIPALITY,SHORNUR. BY ADVS. SRI.K.JAJU BABU SMT.M.U.VIJAYALAKSHMI SRI.BRIJESH MOHAN SMT.DHANYA CHANDRAN SRI.A.HAROON RASHEED RESPONDENT(S): --------------- 1. CORPORATION OF KOCHI,BOAT JETTY, KOCHI-682011,REPRESENTED BY ITS SECRETARY. 2. SHORNUR MUNICIPALITY,SHORNUR, REPRESENTED BY ITS SECRETARY. 3. STATE OF KERALA,REPRESENTED BY SECRETARY TO GOVERNMENT,LOCAL SELF GOVERNMENT DEPARTMENT,GOVT.SECRETARIAT,TRIVANDRUM. ADV. PRAVEEN K JOY STANDING COUNCEL-R1 SRI.P.P.THAJUDEEN FOR R2 SRI.K.HARIDASAN (PATTAMBI) FOR R2 GOVT. PLEADER SRI.ANTONY MUKKATH-R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.521/2010 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of complaint given by K.S. Shabeer before the 1st respondent dated 1.4.09. Ext.P2: True copy of complaint given by K.S. Shabeer before the 1st respondent dated 24.4.09. Ext.P3: True copy of complaint given by K.S. Shabeer before the 1st respondent dated 20.5.09. Ext.P4: True copy of complaint given by Sonnia Soman before the 1st respondent dated 3.4.09. Ext.P5: True copy of Order dated 22.10.09 in O.P.No.888/09 of Ombudsman for Local Self Government Institutions. Ext.P6: True copy of Order dated 19.11.09 in O.P.No.888/09 of Ombudsman for Local Self Government Institutions. Ext.P7: True copy of Order dated 11.1.2010 issued by the 2nd respondent. Ext.P8: True copy of the order dated 30.12.2009 of the 1st respondent. Ext.P9: True copy of order dated 5.2.2010 of the 1st respondent. RESPONDENTS' EXHIBITS: NIL. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 521 OF 2010 -------------------------------------------- Dated this the 18th day of February, 2010 JUDGMENT The petitioner is presently working as Overseer Grade II in Shornur Municipality. While he was working as Overseer Grade II under the Corporation of Kochi, he was placed under suspension as per Ext.P7 order dated 11.1.2010 in connection with certain allegations. In fact, it was in pursuance of Ext.P6 order of the Ombudsman for the Local Self Government Institutions that the petitioner and two others named in Ext.P6 were placed under suspension. The grievance of the petitioner, is that while the two other persons, who were placed under suspension as per Ext.P8 order, were reinstated in service as per Ext.P9 order dated 5.2.2010, there is no justification at all in continuing to place him under suspension and that at any rate, Ext.P7 order of suspension is liable to be reviewed in view of the subsequent developments. 2. Admittedly, the petitioner was placed under suspension along with two others in connection with certain alleged irregularities committed W.P.(C) NO. 521/2010 2 while working under the Corporation of Kochi. The other two persons, who were placed under suspension as per Ext.P8 order, were reinstated in service as per Ext.P9 and they are continuing under the Corporation of Kochi. In the case of the petitioner, he has already been transferred to Shornur Municipality. In the circumstances, there is substance in the contention of the petitioner that Ext.P7 order of suspension is liable to be reviewed. Therefore, there will be a direction to the second respondent to consider the claim of the petitioner for reinstatement, in effect to review Ext.P7, in the light of the aforesaid subsequent developments and pass appropriate orders within a period of two weeks from today. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 521/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 521/2010 JUDGMENT 18th February, 2010