IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN WEDNESDAY, THE 9TH NOVEMBER 2011 / 18TH KARTHIKA 1933 WP(C).No. 29828 of 2011(C) -------------------------- PETITIONER(S): --------------- B.BINU, ASSISTANT ENGINEER, (UNDER SUSPENSION), ROADS SECTION, RANNY, PUTHUSSERIL PADINJATHETHIL, MUDIYOORKONAM P.O., PANDALAM. BY ADVS. SRI.S.MUHAMMED HANEEFF SMT.K.L.LAKSHMI RANI SRI.R.KRISHNAKUMAR (CHERTHALA) RESPONDENT(S): --------------- 1. EXECUTIVE ENGINEER, P.W.D.ROADS, PATHANAMTHITTA-689645. 2. CHIEF ENGINEER, PUBLIC WORKS DEPARTMENT (ADMINISTRATION), THIRUVANANTHAPURAM-695004. 3. STATE OF KERALA, REP. BY ITS SECRETARY, PUBLIC WORKS DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695001. BY SENIOR GOVERNMENT PLEADER SRI.E.M.ABDUL KHADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/11/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 29828 of 2011(C) APPENDIX PETITIONERS EXHIBITS: P1: COPY OF THE ORDER NO:5456/06 DATED 03.10.2011 ISSUED BY THE TAHSILDAR, ADOOR TO THE PETITIONER P2: COPY OF THE FIR IN CRIME NO:889/2011 OF RANNY POLICE STATION WITH THE STATEMENT DATED 23.10.2011 P3: COPY OF THE CERTIFICATE OF DRUNKNESS ISSUED BY THE CHERIAN MEMORIAL HOSPITAL, RANNI DT.NIL P4: COPY OF THE NEWS ITEM PUBLISHED IN DESHABHIMANI DAILY DT.24.10.2011 P5: COPY OF THE NEWS ITEM PUBLISHED IN DESHABHIMANI DAILY DATED 25.10.2011 P6: COPY OF THE ORDER NO:VIG4-20742/11 DT.24.10.2011 ISSUED BY THE CHIEF ENGINEER, PWD, THIRUVANANTHAPURAM P7: COPY OF THE INTERIM ORDER DT.2.11.2011 IN WPC NO:29220/2011 OF THIS HON'BLE COURT P8: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT DT. 2.11.2011 P9: COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DT.5.11.2011 RESPONDENTS EXHIBITS: NIL //TRUE COPY// P.A.TO JUDGE JJJ K.SURENDRA MOHAN, J --------------------------------------------- W.P.(c)No.29828 of 2011 --------------------------------------------- Dated this the 9th day of November 2011 JUDGMENT The petitioner, an Assistant Engineer, Public Works Department, Roads Section, Ranni, has filed this writ petition challenging Ext.P6 by which he has been placed under suspension. The allegation against the petitioner is that he along with certain others had consumed alcohol in the Ranni Section Office premises on 23.10.2011. According to the petitioner, the allegation is without any basis and has been made only to harm the reputation of the petitioner who is an office bearer of a responsible organization of Gazetted Officers. Therefore, the petitioner has submitted Ext.P9 appeal which is pending before the third respondent. The petitioner seeks the issue of appropriate directions setting aside his suspension order. 2. I have heard the learned Government Pleader also. 3. Since Ext.P9 appeal is pending before the third WPC No.29828 of 2011 2 respondent, it is only proper that the said authority considers the request of the petitioner in the first instance. Therefore, it is sufficient that the said appeal is directed to be disposed of without delay. 4. This writ petition is accordingly disposed of directing the third respondent to consider the allegations of the petitioner contained in Ext.P9 representation, in accordance with law and in the light of the evidence that the petitioner may produce and to pass appropriate orders thereon, as expeditiously as possible and at any rate within a period of four weeks from the date of receipt of a copy of this judgment, after hearing the petitioner also. Sd/-K.SURENDRA MOHAN, JUDGE true copy P.S.TO JUDGE css/