IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 869 of 2008(C) ------------------------ PETITIONER: -------------------- A.MURALEEDHARAN, ASSISTANT ENGINEER, MINOR IRRIGATION SECTION, KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (IRRIGATION & ADMINISTRATION), OFFICE OF THE CHIEF ENGINEER (I & A), THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI.BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J. ------------------------- W.P.(C).No.869 of 2008 ------------------------- Dated this the 8th day of January, 2008. JUDGMENT By Ext.P1 order, the petitioner, while working as Assistant Engineer, along with an Assistant Executive Engineer, was suspended from service pending enquiry. Ext.P5 memo of charges was issued on 6.4.2006 and Ext.P6 reply was submitted on 12.6.2006. According to the petitioner, the Government forwarded the memo of charges along with the statement of defence for a report from the 2nd respondent Chief Engineer, who is stated to have recommended dropping of the disciplinary proceedings initiated against the petitioner and the Assistant Executive Engineer under Ext.P7. Apparently, the Government is yet to take a decision. 2. Having heard the learned counsel for the petitioner and the learned Government Pleader, I am of the view that this is a fit case where the Government should take a decision either as to the W.P.(C).NO.869/08 :: 2 :: continuance of the disciplinary enquiry or as to the acceptance of the report of the Chief Engineer. In the result, the writ petition is disposed of directing the first respondent to take a decision as to the continuance of the disciplinary enquiry initiated under Ext.P5, within a period of two months from the date of receipt of a copy of this judgment. I make it clear that I have not expressed any opinion on the merits of the contentions of the petitioner. It is up to the Government either to accept Ext.P7 or to proceed with the matter, in accordance with law. Sd/- (V.GIRI) JUDGE sk/ //true copy// P.S. To Judge