IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 27TH NOVEMBER 2008 / 6TH AGRAHAYANA 1930 WP(C).No. 34106 of 2008(I) --------------------------------------- PETITIONER(S): ----------------------- SHAJI P.R., DEPUTY REGISTRAR OF CO-OPERATIVE SOCIETIES (ADMN) (NOW UNDER SUSPENSION). OFFICE OF THE JOINT REGISTRAR OF CO-OP.SOCIETIES (GENERAL), KOTTAYAM. BY ADV. SRI.NAVEEN.T RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, CO-OPERATIVE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE REGISTRAR OF CO-OPERATIVE SOCIETIES, THIRUVANANTHAPURAM. 3. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:34106 of 2008 ----------------------------- Dated this 27th day of November, 2008 JUDGMENT The petitioner who is presently working as Deputy Registrar of Co- operative Societies was paced under suspension by Ext.P5 order dated 16-10-2008 on the allegation that while he was working as Special Sales Officer in the Kottayam District Co-operative Bank he had misappropriated an amount of Rs.3,41,640/- recovered from the defaulters and that the Director of Vigilance and Anti Corruption Bureau which is enquiring into the said incident has recommended that the petitioner should be placed under suspension for the smooth conduct of the investigation of the vigilance case registered against him. 2. The petitioner states that he has submitted Ext.P6 representation dated 28-10-2008 before the Secretary to Government Co-operation Department seeking a review of the order of suspension and reinstatement in service. He states that he was relieved from the post of Special Sales Officer in the year 2001, that there was proper handing over of charge and that the records were thereafter manipulated to make it appear that he had misappropriated the amounts recovered from the defaulters. He further states that if an independent investigation is held, it will be revealed that he is not guilty of misappropriation as alleged. wpc:34106 of 2008 2 3. The question whether the claim made by the petitioner in Ext.P6 is tenable or not is primarily for the disciplinary authority to decide. As the petitioner alleges that the records have been manipulated, the disciplinary authority has to take note of the said fact and ascertain whether the records have been manipulated as alleged by the petitioner. Ext.P5 discloses that the petitioner has been placed under suspension on the recommendations of the Director of Vigilance and Anti Corruption Bureau. While the Government is competent to place the petitioner or any other Government servant under suspension based on the recommendations of the Vigilance and Anti Corruption Bureau, as the disciplinary authority the Government can come to an independent conclusion as to whether the materials on record justify the order of suspension. In these circumstances, I dispose of the writ petition with a direction to the Secretary to Government, Co-operation Department to consider Ext.P6 representation and take a decision thereon, after affording the petitioner an opportunity of being heard. This shall be done within three months from the date of receipt of a certified copy of this judgment. P.N.RAVINDRAN, JUDGE bps