IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 20TH JULY 2011 / 29TH ASHADHA 1933 WP(C).No. 3681 of 2011(I) -------------------------------- PETITIONER(S): ------------------- M.S.KHADEEJA BEEVI, SCHEDULED CASTE DEVELOPMENT OFFICER GRADE-II, ELAMDESOM BLOCK, MINI CIVIL STATION, THODUPUZHA. BY ADVS. SRI.K.B.GANGESH SMT.SMITHA CHATHANARAMBATH RESPONDENT(S): --------------------- 1. STATE OF KERALA REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT FOR DEVELOPMENT OF SCHEDULED CASTE, THIRUVANANTHAPURAM-695001. 2. THE DIRECTOR, DEPARTMENT FOR DEVELOPMENT OF SCHEDULED CASTE, THIRUVANANTHAPURAM-695001. 3. THE DISTRICT DEVELOPMENT OFFICER FOR SCHEDULED CASTE, OFFICE OF THE DISTRICT DEVELOPMENT OFFICER, MOOLAMATTOM P.O., IDUKKI- 685589. 4. SANTHA, SC PROMOTER, MUTTOM GRAMA PANCHAYATH, PIN 690511. R1 TO R3 BY GOVT. PLEADER SMT.SOWMIAVATHY T.C. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 3681/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER OF SUSPENSION DATED 28/01/2011. P2: COPY OF THE APPLICATION OF SABIN SOMAN DATED 09/06/2010. P3: COPY OF THE REPORT OF THE 4TH RESPONDENT DATED 10/06/2010 P4: COPY OF MEMO DATED 06/09/2010. P5: COPY OF LETTER DATED 30/10/2010 ISSUED TO SABIN SOMAN BY THE PETITIONER. P6: COPY OF THE LETTER DATED 30/10/2010 ISSUED TO 4TH RESPONDENT BY THE PETITIONER. P7: COPY OF THE LETTER DATED 01/11/2010 TO THE PETIIONER FROM THE 3RD RESPONDENT. P8: COPY OF LETTER DATED 10/11/2010 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. P9: COPY OF LETTER DATED 16/11/2010 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER ALONG WITH THE COPY OF MEMO TO BE ISSUED TO THE 4TH RESPONDENT. P10: COPY OF LETTER DATED 18/11/2010. P11: COPY OF LETTER DATED 26/11/2010. P12: COPY OF LETTER DATED 27/11/2010. P13: COPY OF REPLY DATED 01/12/2010 WHICH WAS SUBMITTED ON 08/12/2010. P14: COPY OF LETTER DATED 06/01/2011. P15: COPY OF LETTER DATED 11/01/2011. P16: COPY COF THE PROCEEDINGS FOR RELEASING THE HONORARIUM OF THE 4TH RESPONDENT DATED 17/01/2011. P17: COPY OF LETTER DATED 27/01/2011 PREFERRED BY THE PETITIONER TO THE 3RD RESPONDENT. P18: COPY OF THE APPLICATION PREFERRED TO THE 2ND RESPONDENT BY THE PETITIONER ON 05/07/2011 RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. svs C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.3681 of 2011 ---------------------------------------- Dated 20th July, 2011 JUDGMENT The petitioner is working as Scheduled Caste Development Officer under the Department for Development of Scheduled Caste. He was placed under suspension as per Ext.P1 order dated 28.1.2011. In view of the order I propose to pas in this writ petition, I do not think it necessary to delve into the facts any further. After institution of this writ petition, the petitioner has submitted Ext.P18 petition before the second respondent. Though no specific provision has been referred to in Ext.P1, it can only be an order passed under Rule 10(1) of the Kerala Civil Services (Classification, Control & Appeal) Rules (for short `the Rules'). In terms of Rule 10(6) of the Rules, a petition to revoke the order of suspension can be made before the same authority. Ext.P18 is submitted before the same authority who passed the order of suspension. Therefore, it can be construed as a petition under Rule 10(6) of the Rules. The learned counsel for the petitioner also drew my attention to Clause 17 of the Manual of Disciplinary Proceedings which mandates for review of an order of suspension on expiry of six months. WP(C).No.3681/2011 2 2. I have heard the learned counsel for the petitioner and also the learned Special Government Pleader. Taking into account the facts that the order of suspension is dated 28.1.2011, that the same was not reviewed in terms of Clause 17 of the Manual of Disciplinary Proceedings and that the petitioner has already preferred Ext.P18 petition which will be construed as a petition under Rule 10(6) of the Rules before the second respondent, I am inclined to dispose of this writ petition with a direction to the second respondent to consider and pass appropriate orders on Ext.P18 in accordance with law expeditiously, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment. Sd/- C.T.RAVIKUMAR Judge TKS