IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 16908 of 2009(G) -------------------------- PETITIONER: --------------- K.M.SUHARA, ABSU MANZIL, HOUSE NO.21, VIKAS NAGAR, PAPPAD LANE, NETTAYAM (PO), VATTIYOORKAVU, THIRUVANANTHAPURAM. BY MR.THOMAS ABRAHAM,ADVOCATE MR.DIPU.R,ADVOCATE MR.K.S.HARIDAS,ADVOCATE MR.V.RENJITH KUMAR,ADVOCATE RESPONDENTS: ----------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY, HIGHER EDUCATION (L) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER MR.A.G.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.16908 OF 2009 --------------------------------------- Dated this the 28th day of July, 2009. J U D G M E N T The petitioner who is under suspension has filed this writ petition seeking for a direction to the respondents to reinstate her in service in view of Exhibit P1 communication. The petitioner was working under the Technical Education Department. 2. The petitioner was the Head of Section (Electronics) in the Government Polytechnic College, Vechoochira. Based on the registration of crime No.492/CR/TVM/05 by the CBCID, Thiruvananthapuram, the petitioner was suspended from service. The said case relates to the death of a student of the said institution who had committed suicide. Exhibit P4 is the order of suspension. 3. Exhibit P1 is a note submitted by the Home Department to the Higher Education Department stating that the Home Department has no objection in reinstating the petitioner in W.P.(C) No.16908/2009 2 service since the investigation of the case has already been completed. Learned counsel for the petitioner submits that inspite of the receipt of the same, no action is being taken to reinstate the petitioner in service. 4. Earlier the petitioner had approached this Court by filing W.P.(C) No.6528/2008 which was disposed of by Exhibit P5 judgment directing the petitioner to file an appeal before the Government. It is stated that Exhibit P6 is the said appeal pending before the Government. Thereafter, memo of charges and statement of allegations were communicated to the petitioner and the petitioner also submitted a representation praying for an opportunity of hearing in the matter. Exhibit P8 is a notice by which the petitioner was informed that she will be heard personally by the 1st respondent. 5. Learned Government Pleader on instruction submits that so far no decision has been arrived at to reinstate the petitioner in the light of Exhibit P1 communication issued by the Home Department. It is stated that the conduct of the enquiry can be expedited. W.P.(C) No.16908/2009 3 Since Exhibit P6 appeal is pending before the Government, there will be a direction to the 1st respondent to take a decision on Exhibit P6, after hearing the petitioner, within a period of two months from the date of receipt of a copy of this judgment. Meanwhile, the enquiry ordered against the petitioner will be expedited and all the efforts will be taken to see that the enquiry is completed within a period of six months from the date of receipt of a copy of this judgment. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp