IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 20619 of 2008(D) -------------------------- PETITIONER: ------------ K.VIKRAMAN NAIR, PREVENTIVE OFFICER EXCISE CIRCLE OFFICE, CHATHANNOOR. BY ADV. SRI.B.RADHAKRISHNA PILLAI SMT.S.AMBIKA DEVI SRI.P.U.SHAILAJAN SMT.K.B.REKHA SRI.R.JYOTHIKRISHNAN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM. 2. COMMISSIONER OF EXCISE, THIRUVANANTHAPURAM. 3. EXCISE VIGILANCE OFFICER, VIGILANCE OFFICER KARYALAYAM, THIRUVANANTHAPURAM. 4. ASSISTANT EXCISE COMMISSIONER, KOLLAM. 5. CIRCLE INSPECTOR OF EXCISE, EXCISE ENFORCEMENT AND ANTI NARCOTIC CELL, KOLLAM. BY GP SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).20619/2008 -------------------- Dated this the 9th day of July, 2008 JUDGMENT Petitioner, who is Preventive Officer in the Excise Office, Karunagappally, is aggrieved by Ext.P12 order of suspension issued by the Excise Commissioner. The Excise commissioner was required to suspend the petitioner, as evidenced by Ext.P11 communication issued by the Government. Government had apparently referred to Ext.P7 report of the Excise Vigilance, submitted after an enquiry into the allegation against the petitioner by an accused in Crime No.45/2006 of Karunagappally Excise Range. Apparently in the course of enquiry into the complaint, certain other aspects were also looked into and in Ext.P7 report, there is a recommendation, requiring the petitioner to be transferred. There is also a tentative finding that for extraneous reasons, an innocent man had been arrested or caused to be arrested and that the petitioner has indulged in several irregularities. There is also a recommendation that there should be a fresh investigation into crime No.45/2006 of Karunagappally W.P.(C).20619/2008 2 Excise Range. 2. Ext.P7 is only one of the materials which would be available in the course of any enquiry that may be conducted against the petitioner. Obviously, findings therein are only tentative. 3. Government and the Competent Authority are entitled to take note of it and then decide whether a detailed disciplinary enquiry is necessary. A reading of Ext.P12 will show that the Excise Range Commissioner had taken note of the fact that the accused in crime No.45/2006 was kept in jail for a period of 76 days. According to the learned counsel for the petitioner, this was because there was nobody to enlarge him on bail. There is also a reference to the alleged practice being followed by the petitioner, where he stands proximate to a retail liquor shop, and accerts the persons who come from out of the shop and then receives money from them, for not charging them with any offence under the Abkari W.P.(C).20619/2008 3 Act. These are of course, matters on which an enquiry will be necessary. But it cannot be said that there is total non application of mind on the part of either the Government or the Excise Commissioner in suspending the petitioner. I do not therefore, find any grounds to interfere with Exts.P11 and P12. 4. Nevertheless, since the reference made in Ext.P12 are only tentative, it is open to the petitioner to place all available materials before the Government, to show that there is no reason why the petitioner should be kept under suspension. Such a right is made available to the petitioner under Rule 10(6) of the K.C.S. (C.C. & A) Rules, 1960. 5. In the circumstances, if the petitioner files an application under Rule 10(6) of the Rules within three weeks from today, before the Government, Government shall treat the same either as an application for revocation or as an appeal against the order of W.P.(C).20619/2008 4 suspension issued by the Commissioner and then take a decision thereon, within four months thereafter. I think it is appropriate that the Government deals with the application, in circumstances where the order of suspension, though issued by the Excise Commissioner, is nevertheless at the instance of the Government itself. Subject to the above, writ petition is disposed of. V.GIRI, Judge mrcs