IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 15TH DECEMBER 2008 / 24TH AGRAHAYANA 1930 WP(C).No. 36805 of 2008(F) -------------------------- PETITIONER(S): --------------- 1. C.V.BABU, ASSISTANT CONTROLLER, LEGAL METROLOGY (UNDER SUSPENSION) RESIDING AT CHENNAKADAN HOUSE, CHAMPANOOR, ANGAMALY SOUTH P.O. 2. V.N.PUSHPAKARAN, ASSISTANT CONTROLLER, LEGAL METROLOGY (UNDER SUSPENSION),RESIDING AT PARAMPATHUKUDY HOUSE, NAYATHOD, ANGAMALY. BY ADV. SRI.KRB.KAIMAL (SR.) SRI.B.UNNIKRISHNA KAIMAL SRI.V.MADHUSUDHANAN RESPONDENT(S): --------------- STATE OF KERALA,REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT OF KERALA, REVENUE DEPATMENT, SECRETARIAT, THIRUVANANTHAPURAM BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.36805 of 2008 ====================================== Dated this the 15th day of December 2008 JUDGMENT Heard Sri.KRB Kaimal, the learned Senior Advocate appearing for the petitioners and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioners are employees of the Legal Metrology Department. They along with three others were placed under suspension by Ext.P1 Government Order dated 8.2.2007 pending enquiry by the Additional Commissioner, Commissionerate of Land Revenue who was appointed as Special Enquiry Officer for the purpose. Later, on motion being made by Sri.Roy Felix, Assistant Controller of Legal Metrology, Thrissur who was also placed under suspension by Ext.P1 Government order, the Government issued Ext.P2 order dated 23.9.2008 reinstating him in service without prejudice to the on going vigilance enquiry against him. Smt.R.Reena Gopal, Assistant Controller of Legal Metrology, Kottayam who was also placed under suspension by Ext.P1 Government order filed W.P.(C) No.34684 of 2008 in this Court after moving the Secretary to Government, Revenue Department for revocation of the suspension. By Ext.P5 judgment delivered on 25.11.2008, this W.P.(C)No.36805 of 2008 2 Court disposed of the said Writ Petition with a direction to the Principal Secretary to Government, Revenue Department to consider the said representation and pass orders thereon within six weeks from the date of receipt of a copy of the judgment after affording the petitioner therein an opportunity of being heard. The petitioners submit that seeking revocation of the suspension they have filed Exts.P3 and P4 representations before the Principal Secretary to Government, Civil Supplies and Consumer Affairs Department. In this Writ Petition the petitioners inter alia pray for a direction to the respondent to consider Exts.P3 and P4 representations and pass orders thereon within a time limit to be fixed by this Court. 3. The pleadings and the materials on record indicate that one among the officers were suspended on Ext.P1 has been reinstated in service without prejudice to the on going enquiry against him. It is also seen that yet another officer has moved the Government seeking review of the order of suspension and that this Court has directed the Government to consider the said request and pass orders thereon. Since the petitioners were also placed under suspension by the very same Government Order and as the order of suspension was passed more than one year W.P.(C)No.36805 of 2008 3 and 10 months back, it is only desirable that the request made by the petitioners in Exts.P3 and P4 is also considered. In these circumstances, I dispose of this Writ Petition with a direction to the respondent to consider the request made by the petitioners in Exts.P3 and P4 representations for revocation of the suspension and pass orders thereon within a period of six weeks from the date of receipt of a copy of this judgment, after affording the petitioners an opportunity of being heard. The contentions of the petitioners on the merits are kept open. P.N.RAVINDRAN, JUDGE css/