IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 27TH JANUARY 2009 / 7TH MAGHA 1930 WP(C).No. 1164 of 2009(L) ------------------------- PETITIONER: --------------- MAXYN J,S/O.JOB, PREVENTIVE OFFICER (UNDER SUSPENSION) EXCISE RANGE OFFICE,KOLLAM, RESIDING AT 'VENU PRABHA', S.M.R.A NAGAR,MULAMKADAKOM, THIRUMULLAVARAM P.O,KOLLAM-12. BY ADV. SRI.B.MOHANLAL RESPONDENTS: --------------- 1. STATE OF KERALA REP.BY THE SECRETARY, TAXES (EXCISE) SECRETARIAT,THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF EXCISE, GOVERNMENT OF KERALA,PUBLIC OFFICE BUILDING, MUSUEUM,THIRUVANANTHAPURAM. 3. THE JOINT EXCISE COMMISSIONER, GOVERNMENT OF KERALA,PUBLIC OFFICE BUILDING, MUSEUM,THIRUVANANTHAPURAM. 4. THE ASSISTANT EXCISE COMMISSIONER, EXCISE COMPLEX,CHINNAKKADA,KOLLAM DISTRICT. BY GOVT.PLEADER SRI.P. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No. 1164 of 2009 -------------------------- Dated this the 27th January,2009 J U D G M E N T Petitioner is aggrieved by the non-consideration of Exhibit-P3 representation seeking revocation of his suspension. Petitioner was working as Preventive Officer in the Excise Range Office, Kollam. By Exhibit-P1 order dated 4.2.2008, he was placed under suspension. This was based on an enquiry report by the Vigilance Officer, Excise. 2. According to the petitioner, the order of suspension and the proceedings against him are without any substance. Seeking revocation of his suspension, he has filed Exhibit-P3 dated 4.3.2008. To Exhibit-P4 memo of charges, he has filed Exhibit-P5 explanation. But so far nothing further is heard in that matter also. According to him, the delay in the matter will affect his chances for getting promotion to the higher posts. W.P ( C) No. 1164 of 2009 2 3. Learned Government Pleader, on instructions, submitted that Exhibit-P3 is still pending and is yet to be disposed of. 4. First respondent will consider and pass orders on Exhibit-P3 as expeditiously as possible, at any rate, within a period of six weeks from the date of receipt of a copy of this judgment. Meanwhile, the 3rd respondent will also consider the explanation offered by the petitioner as per Exhibit-P5 before proceeding with further action, if any. Petitioner is eligible to be paid subsistence allowance and other allowances, in accordance with law. The same shall also be disbursed to the petitioner within one month from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No. 1164 of 2009 3 W.P ( C) No. 1164 of 2009 4