IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 20TH JANUARY 2010 / 30TH POUSHA 1931 WP(C).No. 37136 of 2009(J) -------------------------------------- PETITIONER: ------------------- C.R.BEENA KUMARI, DEPUTY SECRETARY TO GOVERNMENT,(UNDER SUSPENSION), GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY MR.V.CHITAMBARESH, SENIOR ADVOCATE, ADVS.MR.T.C.SURESH MENON, MR.JIBU P THOMAS, MR.P.S.APPU, MR.A.R.NIMOD, MR.C.A.ANOOP. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GENERAL ADMINISTRATION (SPECIAL B)DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, GENERAL ADMINISTRATION (SPECIAL B) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. R1 & R2 BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. K.SURENDRA MOHAN, J ........................................... WP(C).NO. 37136 OF 2009 ............................................ DATED THIS THE 20TH DAY OF JANUARY, 2010 JUDGMENT The petitioner, while holding the post of Deputy Secretary to Government in the General Administration Department was placed under suspension pending detailed enquiry. The allegation against the petitioner was that he had committed irregularities in submitting the hearing notes. The complaint of the petitioner is that though more than twenty four months have elapsed since the date of his suspension, the proceedings against him are not being finalised. It is pointed out by the petitioner that more than seven months have elapsed since the submission of Ext.P2 report also. Therefore, he claims reinstatement in service without prejudice to the enquiry. 2. The first respondent has filed a counter affidavit answering the allegations against the petitioner. In paragraph 3 of the counter affidavit, it has been stated that since the explanation of the petitioner was not found to be convincing, the Government has decided to proceed further with its provisional decision to punish the petitioner. Wpc 37136/2009 2 Accordingly, the matter has been placed before the Kerala Public Service Commission for advice as per a letter dated 29.9.2009, together with all connected files. 3. The above being the position, further action against the petitioner would depend upon the advice that may be given by the PSC and also any decision that may be taken by the Government. 4. This writ petition is disposed of in the above circumstances, directing the first respondent to complete the proceedings against the petitioner as expeditiously as possible, and at any rate within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, JUDGE lgk