IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 WP(C).No. 13438 of 2010(D) -------------------------- PETITIONER(S): --------------- V.SURESHKUMAR, S/O.K.VELAYUDHAN, AGED 40 YEARS, HAVILDAR 3285(U/S)K.A.P2 BATTALION PALAKKAD, SURESH BHAVAN, VISHNU NAGAR, PUDUPPARIYARAM, PALAKKAD. BY ADV. SRI.JACOB SEBASTIAN RESPONDENT(S): --------------- 1. THE DIRECTOR GENERAL OF POLICE, KERALA, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF POLICE, ARMED POLICE BATTALION, THIRUVANANTHAPURAM. 3. THE COMMANDANT, K.A.P.2ND BATTALION, MUTTIKULANGARA, PALAKKAD. BY G.P.SRI.MOHAMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ---------------------------- W.P.(C)No.13438 of 2010 ---------------------------- Dated 20th April, 2010 JUDGMENT The petitioner, a Havildar in the Kerala Armed Police 2nd Battalion, Palakkad was placed under suspension by Ext.P3 order dated 20.2.2010 issued by the Inspector General of Police, Armed Police Battalions. In this writ petition, the petitioner challenges Ext.P3. In the alternative, he seeks a direction to the first respondent Director General of Police to consider Exts.P4 to P6 representations wherein he has sought cancellation of the order of suspension. 2. I heard Sri.Jacob Sebastian, learned counsel appearing for the petitioner and Sri.Mohamed Hashim, learned Government Pleader appearing for the respondents. The pleadings disclose that the petitioner was placed under suspension by Ext.P3 order dated 20.2.2010 passed by the second respondent. The petitioner has aggrieved thereby filed Ext.P4 representation dated 1.3.2010, Ext.P5 representation dated 5.3.2010 and Ext.P6 representation dated 9.4.2010 before the Director General of Police. Under Rule 23(b) of the Kerala Police Departmental Inquiries, Punishment and Appeal Rules, 1958 an appeal lies from the order of suspension. As per Rule WP(C).No.13438/2010 2 16 of the said rules, an appeal lies from Ext.P7 order to the Director General of Police (vide item 6(j) of the Annexure to the rules). Ext.P3 order of suspension was passed on 20.2.2010. Within the period of limitation prescribed in Rule 27 of the rules for filing an appeal, the petitioner has filed Exts.P4 to P6 representations before the Director General of Police. In such circumstances, I am of the opinion that the Director General of Police should consider the said representations and take a decision thereon by treating them as appeals filed under Rule 23(b) of the Kerala Police Departmental Inquiries, Punishment and Appeal Rules, 1958. I accordingly dispose of this writ petition with a direction to the first respondent to consider Exts.P4 to P6 representations and pass orders thereon by treating them as appeals filed by the petitioner from Ext.P3 order of suspension. Final orders in the matter shall be passed expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before the first respondent. It will be open to the first respondent to afford the petitioner a reasonable opportunity of being heard in person while taking a decision in the matter. P.N.RAVINDRAN Judge TKS