IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 31ST AUGUST 2010 / 9TH BHADRA 1932 WP(C).No. 24292 of 2010(J) -------------------------- PETITIONER(S): --------------- A.J.JOSEPH,AGED 54 YEARS,S/O.A.A.JOSEPH, EXECUTIVE ENGINEER(UNDER SUSPENSION),P.W.D.ROADS DIVISION,IDUKKI DISTRICT,RESIDING AT ARANGATH HOUSE,MUTTAMBALAM,P.O.KOTTAYAM. BY ADV. SRI.NOBLE MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA,REPRESENTED BY ITS ADDITIONAL SECRETARY TO GOVERNMENT,PUBLIC WORKS(F) DEPARTMENT,SECRETARIAT,THIRUVANANTHAPURAM. 2. SHRI.BABURAJ,CHIEF ENGINEER,(ROADS, BRIDGES AND ADMN.),PUBLIC WORKS DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. GOVT. PLEADER SHRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 24292/2010 APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE SUSPENSION ORDER DTD.10.5.10. P2. COPY OF THE JUDGMENT IN W.P.(C).No. 15659/10. P3. COPY OF THE REVISION PETITION BEFORE R1. P4. COPY OF THE GOVT. ORDER DTD.1.7.10. P5. COPY OF THE LETTER DTD.21.1.2010. P6. COPY OF THE GOVT. ORDER DTD.30.1.2002. P7. COPY OF THE NEWS ITEM DTD.10.5.2010. P8. COPY OF THE NEWS ITEM DTD.10.5.2010. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 24292 of 2010 ================== Dated this the 31st day of August, 2010 J U D G M E N T The petitioner has been suspended from service on allegations of misconduct. Earlier the petitioner approached this Court against the suspension and, by Ext.P2 judgment, this Court directed the Government to consider the petitioner's review petition against the suspension. Now Ext.P4 order has been passed on the review petition rejecting his request for reinstatement. The petitioner challenges that order. According to the petitioner, disciplinary proceedings have been initiated on account of political ill-will and not because the petitioner is guilty of any misconduct. The petitioner, therefore, seeks following reliefs; “i. call for the records in the above case; ii. issue a writ in the nature of certiorari or any other appropriate writ, order or direction, quashing Exhibits P1 and P4; iii. issue a writ in the nature of prohibition, or any other appropriate writ, order or direction, commanding the first respondent to reinstate the petitioner forthwith in service after revoking the order of suspension.” 2. I have heard the learned Government Pleader also. 3. Insofar as in order to allow the prayers of the petitioner, I have to consider the matter regarding his guilt on merits, I do not think that I can do the same in this writ petition. But the petitioner submits that the petitioner is due to retire on 31.3.2011. If that be so, w.p.c.24292/10 2 it is only appropriate that the disciplinary proceedings are completed within a definite time frame. Accordingly, this writ petition is disposed of with a direction to the respondents to see that the disciplinary proceedings against the petitioner are completed, as expeditiously as possible, at any rate, within four months from the date of receipt of a certified copy of this judgment, failing which, the petitioner shall be reinstated after the expiry of the said period, without prejudice to the right of the respondents to continue the disciplinary proceedings. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge