IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 23RD JANUARY 2009 / 3RD MAGHA 1930 WP(C).No. 2614 of 2009(J) ------------------------- PETITIONER(S): --------------- K. UTHAMAN, S/O. LATE KARUNAKARAN, U.D CLERK (UNDER SUSPENSION), PERUMANNAKLARI PANCHAYATH, RESIDING AT KALITHATTUNGAL HOUSE, SOUTH ARYAD, AVALOOKUNNU.P.O, ALAPPUZHA. BY ADV. SRI.T.P.SAJAN RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PANCHAYATHS, O/O THE DIRECTOR OF PANCHAYATH, DIRECTORATE OF PANCHAYATH, THIRUVANANTHAPURAM. 3. DEPUTY DIRECTOR OF PANCHAYATH, 0/O THE DEPUTY DIRECTOR OF PANCHAYATH, MALAPPURAM. 4. SECRETARY, PERUMANNAKLARI PANCHAYATH, PERUMANNAKLARI, MALAPPURAM. GOVERNMENT PLEADER, ADV. SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. Ramachandran Nair, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.2614/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 23rd day of January, 2009 J U D G M E N T The petitioner while working as Upper Division Clerk was placed under suspension as per Ext.P1 order dated 07/07/2006. Ext.P2 is the memo of charges and statement of allegations. Thereafter, he has submitted Ext.P3 explanation. 2. He was involved in criminal cases wherein he was convicted and sentenced to undergo imprisonment. The criminal case relates to the commission of offence under Section 138 Negotiable Instruments Act, 1881. He had undergone sentence in the Central Jail, Thiruvananthapuram, and ultimately, pursuant to the orders in Crl.M.C.No.2865/2006 and Crl.R.P.No.3258/2005 and connected cases, he was released from jail. 3. Seeking for revocation of suspension under Rule 10(6) of the Kerala Civil Services (Classification, Control and Appeal) Rules, he has filed Ext.P3 appeal before the Director of Panchayats. Since no action was forthcoming, he has filed Exts.P4 and P5 detailing the grievances in the matter. 4. Heard the learned Government Pleader. Since the representations submitted are under the relevant rules and are yet to be W.P.(C) No.2614/2009 -:2:- disposed of, there will be a direction to the second respondent to consider and pass orders on Exts.P4 and P5 within a period of two months from the date of receipt of the copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms