IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 2ND NOVEMBER 2009 / 11TH KARTHIKA 1931 WP(C).No. 1549 of 2009(H) ------------------------------------- PETITIONER: ------------------- M.A.ROSAMMA, DEPUTY TRANSPORT COMMISSIONER, NORTH ZONE, THRISSUR, (RESIDING AT LOGOS, MUTTOM P.O., THODUPUZHA). BY MR.M.K.DAMODARAN, SENIOR ADVOCATE, ADVS.MR.P.K.VIJAYAMOHANAN, MR.ALAN PAPALI, MR.SOJAN MICHEAL, MR.GILBERT GEORGE CORREYA, MR.NISHIL.P.S, SMT.DHANYA P.ASHOKAN, MR.P.S.PRADEEP, SMT.ASHA KAIMAL. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TRANSPORT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. W.P.(C). NO.1549/2009-H: *ADDL.R3. IMPLEADED: 3. THE ADDITIONAL CHIEF SECRETARY, VIGILANCE AND HOME DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. *ADDL. R3 IS IMPLEADED AS PER ORDER DATED 02/11/2009 IN I.A. NO. 13603/09. R1 & R2 BY GOVERNMENT PLEADER P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 02/11/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.1549/2009-H: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE WRITE UP AS APPEARED IN THE MALAYALA MANORAMA DTD. 17/10/1999. EXT.P.2: COPY OF THE REPORT AS APPEARED IN THE INDIAN EXPRESS DAILY DTD. 04/11/2006. EXT.P.3: COPY OF THE F.I.R. AND F.I. STATEMENT IN THE VIGILANCE CASE. EXT.P.4: COPY OF THE F.I.R. IN CRIME NO. 166/2007 OF THRISSUR WEST POLICE STATION AS WELL AS THE COMPLAINT PREFERRED BY THE PETITIONER. EXT.P.5: COPY OF THE COMPLAINT DTD. 22/09/2008 FILED BY THE PETITIONER BEFORE THE SUPERINTENDENT OF POLICE, THRISSUR. EXT.P.6: COPY OF THE COMPLAINT FILED BY ARUN, L.D. CLERK BEFORE THE REGIONAL TRANSPORT OFFICE DTD. 23/01/2008. EXT.P.7: COPY OF THE COMPLAINT FILED BY THE OFFICERS OF THE R.T.O., THRISSUR BEFORE THE DISTRICT COLLECTOR DTD. 08/02/2008. EXT.P.8: COPY OF THE COMPLAINT PREFERRED BY THE OFFICERS OF THE R.T.O., THRISSUR BEFORE THE CHIEF MINISTER DTD. 16/09/2008. EXT.P.9: COPY OF THE COMPLAINT PREFERRED BY THE JOINT R.T.O., BEFORE THE SUPERINTENDENT OF POLICE DATED 25/09/2008. EXT.P.10: COPY OF THE COMPLAINT PREFERRED BY THE OFFICERS OF THE R.T.O., THRISSUR BEFORE THE CHIEF MINISTER DTD. 10/10/2008. EXT.P.11: COPY OF THE COMPLAINT PREFERRED BY ASSISTANT MOTOR VEHICLE INSPECTOR, THRISSUR BEFORE THE SUB INSPECTOR OF POLICE, THRISSUR WEST POLICE STATION DTD. 05/11/2008. EXT.P.12: COPY OF THE REPORT APPEARED IN THE MALAYALA MANORAMA DAILY. EXT.P.13: COPY OF THE ORDER OF SUSPENSION, ORDER G.O.(RT).NO.19/2009/TRANS. DTD. 12/01/2009. EXT.P.14: COPY OF THE COMMUNICATION NO.B4/15933/TC/07 DTD. 21/05/2009 OF THE TRANSPORT COMMISSIONER ISSUED TO THE DEPUTY TRANSPORT COMMISSIONERS AND REGIONAL TRANSPORT OFFICERS WITH ITS ENCLOSURE. EXT.P.15: COPY OF THE MINUTES OF THE MONTHLY CONFERENCE HELD ON 09/09/2008 PRESIDED BY THIS DEPONENT. W.P.(C). NO.1549/2009-H: EXT.P.16: COPY OF THE MINUTES OF THE MEETING HELD ON 10/12/2008. EXT.P.17: COPY OF THE CIRCULAR NO. 13/2004 DTD. 16/03/2004 OF THE TRANSPORT COMMISSIONER. EXT.P.18: COPY OF THE COMMUNICATION ISSUED BY THE DISTRICT COLLECTOR DTD. 10/04/2004 TO THIS DEPONENT. EXT.P.19: COPY OF THE REPRESENTATION DTD. 04/04/2009 SUBMITTED BY THIS DEPONENT BEFORE THE R.1. EXT.P.20: COPY OF THE REPRESENTATION DTD. 05/10/2009 SUBMITTED BY THE DEPONENT BEFORE THE ADDITIONAL CHIEF SECRETARY, VIGILANCE & HOME DEPARTMENT, GOVERNMENT OF KERALA. RESPONDENTS' EXHIBIT: EXT.R1.A: COPY OF THE LETTER DTD. 06/01/2009 OF THE DY. S.P, V & ACB, KOZHIKODE WITH ITS ENCLOSURES. EXT.R1 (B, C & D): COPY OF THE CIRCULARS DTD. 27/02/87, 26/11/87 & 09/08/88. EXT.R1.E: COPY OF THE G.O.(RT).NO.32/2009/TRAN. DTD. 20/01/2009. //TRUE COPY// P.A. TO JUDGE. Prv. ANTONY DOMINIC, J. ================ W.P.(C) NO. 1549 OF 2009 (H) ===================== Dated this the 2nd day of November, 2009 J U D G M E N T Petitioner was working as Deputy Transport Commissioner, North Zone, Trichur. While so, by Ext.P13 order, she was placed under suspension on the recommendation of the Vigilance and Anti Corruption Bureau. It was challenging Ext.P13, the writ petition is filed. 2. Petitioner has now produced as Ext.P20, an application made to the additional 3rd respondent seeking review of her suspension, which has to be considered by the Suspension Review Committee. 3. Having regard to the above, it is directed that the additional 3rd respondent shall consider Ext.P20 filed by the petitioner for review of her suspension. This shall be done, as expeditiously as possible, at any rate within 3 months of production of a copy of this judgment along with a copy of Ext.P20 referred to above. Writ petition is disposed of as above. ANTONY DOMINIC, JUDGE Rp