IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH APRIL 2008 / 19TH CHAITHRA 1930 WP(C).No. 12079 of 2008(K) PETITIONER: ---------------- K.R.VISWAN, ASSISTANT COMMISSIONER OF COMMERCIAL TAXES (UNDER SUSPENSION), "VRINDAVAN", KANJIRAMATTAM, THODUPUZHA EAST.P.O., IDUKKI DISTRICT. BY ADV. SRI.S.ANIL KUMAR (TRIVANDRUM) SRI.HARIHARAN NAIR RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF COMMERCIAL TAXES, KERALA, THIRUVANNTHAPURAM-695033. 3. THE DY.COMMISSIONER (INTELLIGENCE), COMMERCIAL TAXES, THIRUVANANTHAPURAM-695033. 4. M.HARIDAS, COMMERCIAL TAX INSPECTOR, COMMERCIAL TAX CHECKPOST, CHINNAR, IDUKKI DIST. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.12079 of 2008 ------------------------- Dated this the 8th day of April, 2008. JUDGMENT The petitioner is aggrieved by Ext.P1 order of suspension dated 11.01.2008. I refrain from going into the contentions raised by the petitioner as regards the order of suspension. 2. In my view, the petitioner is first required to move the Government for revocation of the order of suspension under Rule 10(6) of the Kerala Civil Services (Classification, Control and Appeals) Rules. If he does so within two weeks from today, it shall be considered and disposed of within four weeks from the date of receipt of a copy of this judgment. 3. The petitioner is also aggrieved by the non- payment of the subsistence allowance. While passing orders under Rule 10(6) of the above said Rules, the Government shall also issue suitable orders as regards the payment of subsistence allowance to the petitioner. On production of a copy of this judgment, the Government shall pass orders regarding the subsistence allowance and W.P.(C).NO.12079/08 :: 2 :: a copy of the order so passed shall be immediately forwarded to the Accountant General. The petitioner shall produce a copy of this judgment along with a copy of the writ petition before the 1st respondent. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge