IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 29TH MAY 2009 / 8TH JYAISHTA 1931 WP(C).No. 14756 of 2009(L) ---------------------------------------- PETITIONER(S): ----------------------- S.SUNIL KUMAR, S/O.SUKUMARAN, SENIOR ACCOUNTANT (UNDER SUSPENSION), SUB TREASURY, KOLLAM, RESIDING AT `SRUTHY', PUNNAMUKKU, MUNDAKKAL, CANAL ROAD, PERUMPUZHA, KOLLAM. BY ADV. MR.B.MOHANLAL RESPONDENT(S): ------------------------- 1. THE DIRECTOR OF TREASURIES, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE JOINT DIRECTOR OF TREASURIES, OFFICE OF THE DIRECTOR OF TREASURIES, THIRUVANANTHAPURAM. 3. THE SUB TREASURY OFFICER, KUNDARA, KOLLAM. 4. THE SUB TREASURY OFFICER, KOLLAM. BY SR. GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.14756 of 2009 -------------------------------------- Dated 29th May, 2009 JUDGMENT Heard Smt.P.S.Preetha, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner, a Senior Accountant in the Sub Treasury at Kundara in Kollam District was placed under suspension by Ext.P3 order dated 14.10.2008 passed by the Director of Treasuries under Rule 10(1)(a) of the Kerala Civil Services (Classification, Control & Appeal) Rules 1960 pending disciplinary action against him. Along with the petitioner another officer was also placed under suspension. Thereafter Ext.P4 memo of charges was issued and served on the petitioner. In this writ petition, the petitioner challenges Ext.P3 order of suspension and Ext.P4 memo of charges. In the alternative he prays for a direction to the Director of Treasuries to consider the request made by him to revoke the order of suspension and to reinstate him in service within a time limit to be fixed by this Court. 3. The pleadings disclose that the petitioner was placed under suspension on 14.10.2008 under Rule 10(1)(a) of the Kerala Civil Services (Classification, Control & Appeal) Rules 1960. More WP(C).No.14756/2009 2 than seven months have passed after the order of suspension was passed. Paragraph 17 of the Manual of Disciplinary Proceedings states that cases of employees continuing under suspension beyond six months shall be reviewed. Rule 10(6) of the Kerala Civil Services (Classification, Control & Appeal) Rules empowers the authority which passed the order of suspension to revoke it at any time. The pleadings disclose that the petitioner has filed Ext.P5 representation requesting the Director of Treasuries to revoke the order of suspension and to reinstate him in service. As more than seven months have passed after the petitioner was placed under suspension, I am of the opinion that the Director of Treasuries should expeditiously consider the request made by the petitioner in Ext.P5. I accordingly dispose of this writ petition with a direction to the Director of Treasuries to consider Ext.P5 representation and pass orders thereon after affording the petitioner a reasonable opportunity of being heard, within six weeks from the date on which the petitioner produces a certified copy of this judgment. The Director of Treasuries shall after orders are passed as directed above communicate a copy thereof to the petitioner. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN Judge TKS