IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 9TH DECEMBER 2008 / 18TH AGRAHAYANA 1930 WP(C).No. 36112 of 2008(Y) -------------------------- PETITIONER: ------------------ D.EDISON, AGED 52 YEARS,S/O. DAVID, DEPUTY RANGER, VADATTUPARA FOREST STATION, THUNDATHIL RANGE, MALAYATTOOR DIVISION, BY ADV. SRI.V.N.RAMESAN NAMBISAN RESPONDENTS: ---------------------- 1. PRINCIPAL CHIEF CONSERVATOR OF FORESTS, THIRUVANANTHAPURAM. 2. CHIEF CONSERVATOR OF FORESTS, ' NORTH RANGE, KOZHIKODE, 3. CONSERVATOR OF FORESTS, CENTRAL CIRCLE,THRISSUR. 4. ASSISTANT CONSERVATOR OF FORESTS, THRISSUR. 5. DIVISIONAL FOREST OFFICER, MALAYATTOOR, 6. RANGE OFFICER, THUNDATHIL RANGE, ERNAKULAM. BY GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO:36112 of 2008 ----------------------------- Dated this the 9th day of December, 2008 JUDGMENT Heard Sri.V.N.Ramesan Nambisan, the learned counsel appearing for the petitioner. 2. The petitioner challenges Ext.P1 order dated 29-10-2008 passed by the Principal Chief Conservator of Forests, placing him under suspension with immediate effect. 3. The petitioner challenges Ext.P1 order of suspension on various grounds. Ext.P1 is an order of suspension passed by the Principal Chief Conservator of Forests under Rule 10 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. Rule 22 of the said Rules confers on the petitioner the right to file an appeal challenging Ext.P1. Rule 31 of the said Rules stipulates that in the case of appeal against an order of suspension, the appellate authority shall consider whether in the light the provisions of Rule 10 and having regard to the circumstances of the case, the order of suspension is justified or not. The petitioner has thus an efficacious alternative remedy to challenge Ext.P1. Further, the period of limitation prescribed for filing an appeal under Rule 25 has not also expired. In these circumstances, I dispose of the writ petition with the following directions: wpc:36112 of 2008 2 The petitioner shall, within the period prescribed under Rule 25 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, file an appeal before the Secretary to Government, Forest and Wild Life Department. Such appeal shall be submitted before the Officer, who has passed Ext.P1 order of suspension. The said officer shall, within two weeks from the date of receipt of the memorandum of appeal, forward it to the Secretary to Government, Forest and Wild Life Department. The Secretary to Government, Forest and Wild Life Department shall within one month from the date of receipt of the appeal consider the same and pass orders thereon, after affording the petitioner an opportunity of being heard. P.N.RAVINDRAN, JUDGE bps