IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 26TH MAY 2008 / 5TH JYAISHTA 1930 WA.No. 911 of 2008 --------------------------- (AGAINST THE JUDGEMENT IN W.P.(C).NO.38278/2007 OF THIS HON'BLE COURT) .................... APPELLANT: ------------------- THE CHALAKKUDY MUNCIIAPLITY, CHALAKKUDY, THRISSUR DISTRICT, REP. BY ITS SECRETARY. BY ADV. SRI.M.P.ASHOK KUMAR. RESPONDENT/ PETITIONER: ----------------------------------------- SMT. C.SREEDEVI, HEALTH SUPERVISOR (RETD), CHALAKKUDY MUNICIPALITY, RESIDING AT SREENIVAS, 25/35 A, CHALAKKUDY, THRISSUR DISTRICT. BY ADV. SRI. S. RAMESH BABU. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 26/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.Koshy & P.N.Ravindran, JJ. ===================== W.A.No.911 of 2008 ===================== Dated this the 26th day of May, 2008. JUDGMENT Koshy,J. The writ petitioner was an employee in the Municipality. she was placed under suspension by the Secretary under Section 49(i)(k) of the Kerala Municipalities Act. Following the decision of this Court in Pradeep Kumar v . State of Kerala - 2005 (4) K.L.T. 396, a learned singe Judge held that the Secretary has no power to place a person like the petitioner under suspension and the Writ Petition was allowed. 2. After hearing both sides, we are of the view that the question is not at all relevant because the enquiry was already conducted and she was also exonerated in the enquiry and she retired from service. Therefore, whether the Secretary has got power to suspend or not is not arising in this case at all. It is submitted that a Writ Appeal is filed and is pending with regard to the same question. We leave the question open not arising in WA 911/08 -: 2 :- this case that after retirement an employee cannot suspend. Therefore there is no merit in this Writ Appeal and the same is dismissed. J.B.Koshy, Judge. P.N.Ravindran, Judge. ess 27/5