IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 10TH FEBRUARY 2010 / 21ST MAGHA 1931 WP(C).No. 33773 of 2009(N) -------------------------- PETITIONER(S): --------------- E.M.CHANDRIKA, UDC (UNDER SUSPENSION) PRINCIPAL AGRICULTURAL OFFICE, CHEMBOOKKAVU, THRISSUR. BY ADV. SRI.O.D.SIVADAS RESPONDENT(S): --------------- 1. STATE OF KERALA REP.BY ITS SECRETARY TO GOVERNMENT, AGRICULTURAL DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF AGRICULTURAL THIRUVANANTHAPURAM. 3. THE JOINT DIRECTOR OF AGRICULTURAL THRISSUR. 4. THE ASSISTANT DIRECTOR OF AGRICULTURAL KUNNUMKULAM. GOVT.PLEADER SRI.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.C.NO.33773 OF 2009 APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the proceedings dated 07/04/2008. Ext.P2: True copy of the representation dated 4/11/2009 submitted by the petitioner. Ext.P3: True copy of the Order dated 04/06/2009. RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 33773 OF 2009 -------------------------------------------- Dated this the 10th day of February, 2010 JUDGMENT The petitioner is an Upper Division Clerk attached to the Principal Agricultural Office, Chembookkavu, Thrissur. As per Ext.P1 order dated 7.4.2008, she was placed under suspension along with one N.C. Krishna Kumar, Assistant Director of Agriculture, Kunnamkulam, pending vigilance enquiry, on the allegation that they misappropriated Government money. This Writ Petition is filed challenging Ext.P1 order of suspension and also for a direction to the first respondent to issue necessary orders to refund a sum of Rs.3,89,145/- remitted by the petitioner in Account No.10411663480 of the State Bank of India, Kunnamkulam branch. The petitioner has produced Ext.P3 dated 4.6.2009, along with I.A. No.1531 of 2010, which is an order whereby the said Krishna Kumar, who was placed under suspension along with the petitioner, was reinstated in service, pending detailed enquiry by the Vigilance and Anti Corruption Bureau. The contention of the petitioner is that when the person who was placed under suspension along with her was reinstated in service, there is W.P.(C) NO. 33773/2009 2 no reason for not considering her claim for reinstatement. 2. Ext.P1 order of suspension is passed by the Government and, therefore, it is for the petitioner to file a Review Petition under Rule 35 of the Kerala Civil Services, (Classification, Control and Appeal) Rules, 1960 for reviewing Ext.P1 order. In the circumstances explained above, the petitioner may file a Review Petition, along with a copy of this judgment, before the first respondent within a period of ten days from today. In case such a Review Petition is received by the first respondent, the same shall be considered in accordance with law and taking into account Ext.P3 order, within a period of one month from the date of receipt of the Review Petition. The petitioner is also at liberty to file appropriate petition before the authorities regarding her grievance and demand for refund of Rs.3,89,145/- remitted by her. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C) NO. 33773/2009 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 33773/2009 JUDGMENT 10th February, 2010 W.P.(C) NO. 33773/2009 4