IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 10TH JULY 2008 / 19TH ASHADHA 1930 WP(C).No. 20776 of 2008(W) -------------------------------------- PETITIONER : ------------------ V.BABY, ADDITIONAL REGISTRAR OF CO-OPERATIVE SOCIETIES/MANAGING DIRECTOR, KERALA STATE FEDERATION OF SCHEDULED CASTE & SCHEDULED TRIBES DEVELOPMENT CO-OPERATIVE LTD., NO. 4351,THIRUVANANTHAPURAM (UNDER SUSPENSION). BY ADV. SRI.P.P.JACOB RESPONDENTS : ---------------------- 1. THE REGISTRAR OF CO-OPERATIVE SOCIETIES,THIRUVANANTHAPURM. 2. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, CO-OPERATION, SECRETARIAT, THIRUVANANTHAPURAM. 3. KERALA STATE FEDERATION OF SC/ST DEVELOPMENT CO-OPERAIVE LTD., N. 4353, REPRESENTED BY ITS CHAIRMAN. BY GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI,J. ------------------------- W.P ( C) No.20776 of 2008 -------------------------- Dated this the 10th July, 2008 J U D G M E N T Petitioner, who is working as the Additional Registrar of Co- operative Societies, was posted as Managing Director of the 3rd respondent Corporation. While so, he was placed under suspension by Exhibit-P1 order dated 31.12.2007 passed by the Government. The allegation contained in Exhibit-P1 is that there was dereliction of duty on the part of the petitioner. If it is a matter for enquiry then the enquiry must be proceeded with. 2. Learned counsel for the petitioner submits that not even a statement of allegations have been issued to the petitioner. Going by the nature of allegations referred to in Exhibit-P1, it does not seem as if the Government has come out with any specific charges so far. It is revealed from Exhibit- P8 order that the petitioner has now been reverted to the parent department. If an enquiry is to be undertaken into the affairs of the 3rd respondent then the petitioner would only be in his parent department and not the 3rd respondent at this stage. Government should consider whether it is necessary to continue the petitioner under suspension in these changed circumstances. W.P ( C) No.20776 of 2008 2 In the result, the writ petition is disposed of in the following terms: i) Petitioner may file a representation within two weeks from today seeking a revocation of suspension and re- instatement in a suitable post in parent department pursuant to Exhibit-P8 ii) Government shall pass orders on such representations within three weeks thereafter specifically considering the question as to whether it is necessary to retain the petitioner under suspension, for the purpose of facilitating an enquiry into the affairs of the 3rd respondent or the conduct of the petitioner in circumstances where the petitioner is already repatriated to his parent department. Petitioner shall produce a copy of the writ petition along with copy of this judgment before the Government, for compliance. (V.GIRI, JUDGE) ma W.P ( C) No.20776 of 2008 3 W.P ( C) No.20776 of 2008 4