IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 18TH JUNE 2008 / 28TH JYAISHTA 1930 WP(C).No. 24157 of 2007(A) -------------------------- PETITIONER: ------------ B.BOSE, UNDER SECRETARY, LAW DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. (NOW UNDER SUSPENSION ON DEPUTATION AS SECRETARY, TRIBUNAL FOR LOCAL ADMINISTRATION, THIRUVANANTHAPURAM). BY ADV. SRI.ELVIN PETER P.J. RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL ADMINISTRATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, LAW DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. MANJU MANASWINI, LEGAL ASSISTANT GR-I, LAW DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SRI.GEORGE MECHERIL FOR R3 GOVERNMENT PLEADER SRI.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18/06/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 24157 of 2007 APPENDIX PETITIONER'S EXHIBITS EXT.P1- TRUE COPY OF THE DIVORCE PETITION FILED BY THE THIRD RESPONDENT BEFORE THE FAMILY COURT, TVM. EXT.P2- TRUE COPY OF THE ORDER DATED 6.11.06 ISSUED TO THE PETITIONER BY THE 1ST RESPONDENT EXT.P3- TRUE COPY OF THE FINAL REPORT FILED IN SC NO.804 OF 2007 ON THE FILE OF THE ADDL. SESSIONS COURT, ATTINGAL EXT.P4- TRUE COPY OF THE PETITION DATED 5.5.07 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P5- TRUE COPY OF THE CIRCULAR MEMORANDUM DATED 12.3.81 ISSUED BY THE GOVERNMENT EXT.P6- TRUE COPY OF THE ORDER DATED 30.7.07 ISSUED BY THE 1ST RESPONDENT (TRUE COPY) P.A TO JUDGE V.GIRI, J ------------------- W.P.(C).24157/2007 -------------------- Dated this the 18th day of June, 2008 JUDGMENT Petitioner was placed under suspension as per Ext.P2 order dated 6.11.2006, which reads as follows:- In the circumstances, Sri.B.Bose, Under Secretary, Law Department now working as Secretary, Tribunal for Local Administration is placed under suspension pending investigation. 2. Petitioner sought for a revocation of suspension which was rejected under Ext.P6 order. The same is under challenge in this writ petition. Learned counsel for the petitioner submits that the basis on which the petitioner was suspended is that a criminal case registered against him is under investigation. The investigation is now over and final report has been submitted before the Court. At any rate, the Government should normally review every case of suspension once in six months. W.P.(C).24157/2007 2 3. In the result, writ petition is disposed of directing the first respondent to consider the petitioner's request for revocation of suspension effected under Ext.P2. Petitioner shall be heard in this regard, before such orders are passed. Obviously the Government shall not be fettered by Ext.P6 in taking a decision on the petitioner's plea for revocation of suspension. It is open to the petitioner to place any material before the Government in support of his plea for revocation. The revised orders shall be passed within one month from the date of receipt of a copy of this judgment. V.GIRI, Judge mrcs