IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MRS. JUSTICE K.HEMA FRIDAY, THE 11TH APRIL 2008 / 22ND CHAITHRA 1930 WP(C).No. 12983 of 2008(S) -------------------------- OA.593/2007 of CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER: ------------ V.GOPINATHAN, IFS, CHIEF CONSERVATOR OF FORSETS (VIGILANCE),(UNDER ORDERS OF SUSPENSION) NOW RESIDING AT ARCADIA, T.C.NO.5/2568(4) SASTHAMANGALAM, THIRUVANANTHAPURAM-695 010. BY ADV. SRI.N.N.SUGUNAPALAN (SR.) SRI.S.SUJIN RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. UNION OF INDIA -REPRESENTED BY ITS SECRETARY, MINISTRY OF ENVIRONMENT AND FORESTS PARIAVARAN BHAVAN, CGO COMPLEX, LODHI ROAD, NEW DELHI-101003. 3. SHRI.BINOY VISWAM, HON'BLE MINISTER FOR FORESTS & HOUSING GOVERNMENT OF KERALA, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. W.P.(C)NO.12983/2008 :: 2 :: (THIRD RESPONDENT IS REMOVED FROM THE PARTY ARRAY AS PER ORDER DATED 11.4.2008 IN I.A.NO.5381 OF 2008) BY G.P.SRI.K.C.SANTHOSH KUMAR FOR R1 BY ADV.SRI.P.PARAMESWARAN NAIR ASST. SOLICITOR FOR R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/04/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.HEMA, JJ. -------------------------------------- W.P.(C)No.12983 OF 2008 ------------------------------------- Dated 11th April, 2008 JUDGMENT Koshy,J . Petitioner while working as Chief Conservator of Forests (Vigilance) was suspended pending enquiry on 18.9.2007. It is the case of the appellant that he took charge in the present post only in January, 2007 and the alleged incident that finally resulted in the charges took place in 2005. According to the appellant, he is innocent. That is a matter to be considered by the authorities. We are not expressing any opinion regarding the merits of the matter. The main grievance of the petitioner is that he was initially suspended for three months. Thereafter by Ext.P4 suspended was extended by 180 days. According to him, enquiry was completed, but, he has not informed all the details regarding the report and he assumes that he was found innocent. Whatever is that, an employee cannot be suspended pending enquiry indefinitely. In these circumstances, without going into the merits of the matter, we direct the department to complete the enquiry within the period mentioned in Ext.P4 order dated 15.12.2007. In any event, if enquiry is not completed, he may be reinstated in service, but, the department can continue the enquiry. If Government wants he can even be posted in any W.P.(C).12983/2008 2 other equivalent post, but, he should not be kept under suspension further. Central Administrative Tribunal considered only suspension pending enquiry during the initial period of three months by Ext.P17 award. In the above circumstances, we dispose of the writ petition with the above direction. J.B.KOSHY JUDGE K.HEMA JUDGE tks