IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 23RD FEBRUARY 2010 / 4TH PHALGUNA 1931 WP(C).No. 4502 of 2010(K) --------------------------------------- PETITIONER(S): ------------------------- O.BALAKRISHNAN, S/O.KUNHAPPA NAIR, AGED 43, VADAKKAN VEETTIL, ERUVATTY P.O., KADIRUR(VIA), KANNUR, PIN-670647, ARMED POLICE SUB INSPECTOR, KAP-IV BN KANNUR. BY ADVS.MR.S.SREEKUMAR MR.P.MARTIN JOSE MR.P.PRIJITH MR.S.VAIDYANATHAN RESPONDENT(S): ---------------------------- 1. THE DIRECTOR GENERAL OF POLICE, POLICE HEAD QUARTERS, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF POLICE, ARMED POLICE BATTALION, THYKKAD, THIRUVANANTHAPURAM. 3. THE SUPERINTENDENT OF POLICE(SECURITY), SB CID, PATTOM, THIRUVANANTHAPURAM. R1 TO R3 BY GOVT. PLEADER MR.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss C.T.RAVIKUMAR, J. ---------------------------------------- W.P.(C) NO. 4502 OF 2010 --------------------------------------- Dated this the 23rd day of February, 2010 JUDGMENT The petitioner who is an Armed Police Sub Inspector attached to the IV Battalion of Kerala Armed Police, contends that though he was placed under suspension as per order dated 14.9.09 he was not served with a copy of the said order. The petitioner approached this Court with following prayers:- (i) Call for the order of suspension No.A2-8519/2009 of the 2nd respondent and the file relating thereto: (ii) Quash the order No.A2-8519/2009 by issue of a writ of certiorari or other writ order or direction; 2. The prayers in the writ petition would reveal that the challenge is against order No.A2-8519/2009 issued by the 2nd respondent placing the petitioner under suspension. Such an order of suspension is appealable under Rule 23(b) of Kerala Police Departmental Inquiries, Punishment and W.P.(C) NO. 4502 OF 2010 2 Appeal Rules, 1958. The petitioner also submits that he has another remedy under Rule 7(3) of the said rules to revoke the order of suspension. It is up to petitioner to choose in between the aforesaid two remedies. The learned counsel for the petitioner submits that the petitioner proposes to file a petition to revoke order of suspension dated 14.10.2009 by invoking the power under rule 7(3) of the aforesaid Rules. In view of the dispute with respect to the service of order of suspension dated 14.10.2009 the 2nd respondent is directed to serve a copy of the order of suspension No.A2-8519/2009 dated 14.10.09 to the petitioner within a period of one week from the date of receipt of a copy of this judgment. In the meanwhile, a copy of order dated 14.10.2009 shall be sent in the residential address lastly made known to the department. In case, the petitioner prefers such a petition under Rule 7(3) of the Rules within a period of two weeks from the date of receipt of a copy of such order of suspension, the same shall be considered and orders thereon shall be passed by the 2nd respondent within a W.P.(C) NO. 4502 OF 2010 3 period of one month thereafter. This writ petition is accordingly disposed of. C.T.RAVIKUMAR, JUDGE. mns