IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29406 of 2008(A) -------------------------- PETITIONER(S): --------------- 1. VIJI P. VARGHESE, FORESTER, (UNDER SUSPENSION), VALAYAR FOREST SCHOOL, VALAYAR, PALAKKAD DISTRICT, RESIDING AT PORUTHUR HOUSE, PARAPPUR.P.O, THRISSUR DISTRICT. 2. SURESH KUMAR.K.P, FOREST GUARD, (UNDER SUSPENSION), VALAYAR FOREST SCHOOL, VALAYAR, PALAKKAD DISTRICT, RESIDING AT REVATHI, VYSYAM BHAGAM, NEDUMUDI VILLAGE, ALAPPUZHA DISTRICT. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. THE FOREST CONSERVATOR, CENTRAL CIRCLE, THRISSUR. 2. THE CHIEF CONSERVATOR OF FOREST, NORTHERN REGION, KOZHIKODE. 3. THE PRINCIPLE CHIEF CONSERVATOR OF FOREST, THIRUVANANTHAPURAM. BY SPECIAL GOVT. PLEADER (FORESTS) SRI.M.P.PRAKASH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.29406 of 2008 ------------------------------- Dated this the 13th October, 2008. J U D G M E N T The first petitioner is a Forester and the second petitioner is a Forest Guard. They are presently deputed for training at Walayar Forest School. By Ext.P1 order passed on 24.9.2008, the first respondent placed the petitioners under suspension pending enquiry under Rule 10(1)(a) of Kerala Civil Services (Classification, Control and Appeal) Rules. Ext.P1 recites that on 28.8.2008 the petitioners forcibly entered the office room of the Superintendent of District Hospital, Palakkad, prevented him from attending to his duties, misbehaved to him and also prevented him from attending to the patients. It is stated that a decision has been taken to conduct an enquiry into the said conduct of the petitioners. The petitioners contend that the order of suspension has been passed for extraneous reasons and to cover up the sad demise of a co-worker, who was also undergoing training along with them at Walayar Forest School. W.P.(C) No.29406 of 2008 2 The petitioners also contend that the order of suspension has been passed only for the reason that the petitioners along with others had requested the Superintendent of District Hospital, Palakkad, that the post-mortem examination of the body of their deceased colleague should be conducted only in the presence of the District Collector, Palakkad. 2. The first respondent has, on the materials available before him and based on a complaint submitted by the Superintendent of District Hospital, Palakkad, decided to place the petitioners under suspension. This Court cannot, in exercise of its jurisdiction under Article 226 of the Constitution of India, sit in appeal over the said decision and acting as an Appellate Authority, come to its own conclusion as to whether on the facts available, the petitioners are liable to be placed under suspension or not. Further, Rule 22 of Kerala Civil Services (Classification, Control and Appeal) Rules, confers on the petitioners a right to file appeal against the order of suspension. The petitioners therefore have an effective alternative remedy as well. The Writ W.P.(C) No.29406 of 2008 3 Petition is accordingly dismissed reserving liberty with the petitioners to challenge Ext.P1 order of suspension before the competent authority invoking Rule 22 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. Their contentions on the merits are left open. If the petitioners file an appeal within the period of limitation prescribed in the Rules, the Appellate Authority shall consider the same and pass orders thereon within one month after such an appeal is filed, after affording them an opportunity of being heard. The Writ Petition is disposed as above. P.N.RAVINDRAN, JUDGE nj.