IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 34692 of 2008(E) -------------------------- PETITIONER(S): --------------- J.SOMAN KURUP, S/O. JANARDHANAN PILLAI, AGED 52, VILLAGE OFFICER (UNDER SUSPENSION), TALUK OFFICE, KOZHENCHERRY, RESIDING AT SREE SHYLAM, IVERKALA WEST NORTH, PUTHANAMBALAM P.O., PIN 691 583. BY ADV. SRI.S.SREEKUMAR RESPONDENT(S): --------------- 1. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PATHANAMTHITA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 34692 of 2008 ====================================== Dated this the 10th day of December 2008 JUDGMENT The petitioner is presently working as Village Officer in the Land Revenue Department. He was placed under suspension by Ext.P1 order dated 5.9.2008 passed by the District Collector, Pathanamthitta. Aggrieved by Ext.P1, he has filed Ext.P2 appeal before the Land Revenue Commissioner under Rule-25 of the Kerala Civil Services (Classification, Contorl and Appeals) Rules, 1960, hereinafter referred to as `Rules' for short. As the appeal was filed beyond the time limit of two months prescribed in Rule- 25 of the Rules, he has filed Ext.P7 petition to condone the delay in filing the appeal. In this Writ Petition the petitioner inter alia prays for a direction to the Land Revenue Commissioner to consider Ext.P2 appeal and pass orders thereon, after affording him an opportunity of being heard. 2. Rule 22 of the Rules confers on the petitioner a right to file an appeal from Ext.P1 order of suspension. The period of limitation prescribed in the proviso to Rule-25 of the Rules for filing an appeal from an order of suspension is two months. The appellate authority is however conferred with the power to W.P.(C)No.34692/2008 2 condone the delay in filing the appeal, if sufficient cause is shown for not filing the appeal within time. The petitioner submits that Ext.P2 appeal was submitted directly to the Land Revenue Commissioner with a copy to the District Collector, Pathanamthitta. 3. Having regard to the fact that the Rules confer on the petitioner the right to file an appeal from Ext.P1 and as the petitioner has invoked the said remedy, it is only desirable that the appeal filed by the petitioner is expeditiously heard and disposed of. In these circumstances, I dispose of the Writ Petition with the following directions: (1) The first respondent in the Writ Petition shall within six weeks from the date of receipt of a copy of this judgment, consider Ext.P2 appeal and Ext.P7 application to condone the delay and take a decision thereon after affording the petitioner an opportunity of being heard. It will be open to the petitioner to supplement Ext.P2 appeal by filing an appropriate representation at the time of hearing. 2) The Land Revenue Commissioner shall also ascertain the views of the disciplinary authority before final orders are passed in the matter. 3) The contentions of the petitioner on the merits are W.P.(C)No.34692/2008 3 left open and he will be free to challenge the order passed by the appellate authority, if he is aggrieved thereby in other appropriate proceedings. P.N.RAVINDRAN, JUDGE css/