IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 4TH FEBRUARY 2010 / 15TH MAGHA 1931 WP(C).No. 3727 of 2010(M) ------------------------- PETITIONER(S): --------------- A.ASOKAN JOINT RTO (UNDER SUSPENSION) KANNUR RESIDING AT ARUNODAYAM,CHALAKUDY PO, THRISSUR 680 307. BY ADVS. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO TRANSPORT (C) DEPARTMENT THIRUVANANTHAPURAM. 2. THE ADDITIONAL CHIEF SECRETARY GOVERNMENT ,TRANSPORT (C) DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE TRANSPORT COMMISSIONER THIRUVANANTHAPURAM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C) NO. 3727 OF 2010 -------------------------------------------- Dated this the 4th day of February, 2010 JUDGMENT The petitioner, while working as Joint Regional Transport Officer, Kannur, was placed under suspension, as per Ext. P1 order dated 8.4.2008, in contemplation of disciplinary action. Subsequently, he was served with Ext.P2 memo of charges dated 27.8.2008. The disciplinary proceedings initiated as per Ext.P2 is now admittedly pending. The petitioner has approached the Government as per Exts.P5 and P5(a) representations for reinstating him in service. He also approached this Court by filing W.P. (C) No.11484 of 2009 for a direction to the first respondent to consider the representations filed by him. As per the direction issued by this Court, the representations filed by the petitioner were considered, but his request for reinstatement in service was rejected as per Ext.P7 order. The petitioner then submitted Ext.P8 representation before the second respondent. The petitioner is due to retire from service on 31.3.2010, on attaining the age of superannuation. Citing that reason and offering his full co-operation with the disciplinary proceedings, the said representation has been submitted. W.P.(C)NO. 3727/2010 2 The same is now pending. 2. Considering the fact that the petitioner is due to retire from service on 31.3.2010, I think, his request has to be considered by the first respondent. In the circumstances, the second respondent is directed to transmit Ext.P8 representation received by him to the first respondent within a period of one week from today. On receipt of Ext.P8 representation, the first respondent shall consider and pass orders on the same within a period of one month from the date of receipt of a copy of this judgment. In the meanwhile, the petitioner shall also make available a copy of Ext.P8 before the first respondent. The Writ Petition is disposed of as above. (C.T. RAVIKUMAR, JUDGE) sp/ W.P.(C)NO. 3727/2010 3 C.T. RAVIKUMAR, J. W.P.(C) NO. 3727/2010 JUDGMENT 4th February, 2010 W.P.(C)NO. 3727/2010 4