IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 30TH OCTOBER 2008 / 8TH KARTHIKA 1930 WP(C).No. 31835 of 2008(M) -------------------------- PETITIONER: --------------- L.DHARNAPALAN, SECRETARY (UNDER SUSPENSION) KAZHAKKUTTOM GRAMA PANCHAYATH THIRUVANANTHAPURAM DISTRICT. BY ADV. SRI.N.NANDAKUMARA MENON (SR.) SRI.P.K.MANOJKUMAR SMT.SUSHYA RAJAN RESPONDENTS: --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT (R.A) DEPARTMENT, SECRETARIATE, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PANCHAYATHS, THIRUVANANTHAPURAM. 3. THE KAZHAKKUTTOM GRAMA PANCHAYATH, REPRESENTED BY THE SECRETARY IN CHARGE, KAZHAKKUTTOM P.O., THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ================= W.P.(C).No.31835 of 2008 - M =============================== Dated this the 30th day of October, 2008. J U D G M E N T The petitioner, the Secretary of the Kazhakkuttom Grama Panchayath was placed under Suspension by Ext.P3 order dated 29.9.2008, passed by the Director of Panchayaths. Ext.P3 states that the petitioner had issued building permits in violation of the provisions contained in the Kerala Municipality Building Rules, 1999. The petitioner submits that after the building permits were issued, the Government had directed him to furnish details regarding the permits and that he had thereupon submitted Ext.P1 report dated 10.7.2008 to the Government. He further submits that thereafter by Ext.P2 letter dated 28.8.2008, the Government had directed him to cancel the permits and report back to the Government about the steps taken by him in that regard. The petitioner's grievance is that the Director of Panchayaths has, on a wrong understanding of Ext.P2 letter, passed an order of suspension. Aggrieved by Ext.P3 order of suspension, the petitioner has moved the Secretary to Government, Local Self Government by submitting Ext.P5 W.P.(C).No.31835 of 2008 - M 2 representation dated 6.10.2008. In this writ petition the petitioner challenges Ext.P3 order of suspension and also prays for a writ in the nature of mandamus commanding the Secretary to Government, Local Self Government Department to consider Ext.P5 on the merits and pass orders thereon. 2. Ext.P3 order of suspension was passed by the Director of Panchayaths invoking Rule 10 of the Kerala Civil Services (Classification, Control and Appeals) Rules 1960, hereinafter referred to as 'the Rules' for short. Rule 22 of the Rules, entitles the petitioner to file an appeal from the order of suspension before the next higher authority which, in the instant case is the State Government. Rule 31 of the Rules stipulates that in the case of an appeal against an order of suspension, the appellate authority shall consider whether in light of the provisions of Rule 10 and having regard to the circumstances of the case, the order of suspension is justified or not. The petitioner thus has an effective and meaningfull remedy to challenge the correctness and validity of Ext.P3 order of suspension. In such an appeal, the appellate authority can also W.P.(C).No.31835 of 2008 - M 3 decide whether the order of suspension was warranted or not. As the petitioner has already moved the Secretary to Government by filing Ext.P5 representation, I dispose of the writ petition with a direction to the Secretary to Government, Local Self Government Department to consider Ext.P5 representation as an appeal and pass orders thereon, after affording the petitioner an opportunity of being heard. This shall be done within six weeks from the date of which the petitioner produces a certified copy of this judgment. It will be open to the petitioner to supplement Ext.P5 by filing an additional representation. The writ petition is disposed of as above. P.N.RAVINDRAN, JUDGE bkn/-