IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 7TH JULY 2011 / 16TH ASHADHA 1933 WP(C).No. 18389 of 2011(W) ---------------------------------- PETITIONER(S): ------------------- RADHAKRISHNAN.M.K., AGED 47 YEARS, S/O.LATE C.MADHAVAN, MOOZHIKKOTTU THEKKEKARA HOUSE, VENDAR.P.O., KOTTARAKARA-691 507.(LECTURER IN CIVIL ENGINEERING COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM). BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------------- 1. STATE OF KERALA, REPRESENTED BY ITS PRINCIPAL SECRETARY, DEPARTMENT OF EDUCATION, KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF TECHNICAL EDUCATION, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM-695 001. 3. THE PRINCIPAL, COLLEGE OF ENGINEERING, THIRUVANANTHAPURAM, SREEKARYAM ENGINEERING COLLEGE.P.O., PIN-695 016. 4. THE PRINCIPAL, GOVERNMENT ENGINEERING COLLEGE, THRISSUR, RAMAVARMAPURAM-680 009. BY GOVT. PLEADER SRI.V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: svs W.P.(C). NO. 18389/2011 APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DATED 28/11/2009 PASSED BY THE 2ND RESPONDENT. P2: COPY OF THE ORDER DATED 08/12/2009 PASSED BY THE 3RD RESPONDENT. P3: COPY OF THE LETTER DATED 10/02/2010 ISSUED BY THE 4TH RESPONDENT. P4: COPY OF THE ORDER DATED 03/02/2010 PASSED BY THE 2ND RESPONDENT. P5: COPY OF COMMUNICATION DATED 11/02/2010 SEND BY THE 2ND RESPONDENT. P6: COPY OF THE MEMO OF CHARGES DATED 31/01/2011. P7: COPY OF THE REPLY DATED 11/02/2011 SUBMITTED BY PETITIONER BEFORE THE 4TH RESPONDENT. P8: COPY OF THE COVERING LETTER DATED 11/02/2011 ALONG WITH LEAVE APPLICATION AND RTC SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. P9: COPY OF THE APPLICATION DATED 06/04/2011. P10: COPY OF THE REPLY DATED 23/04/2011 ISSUE DBY THE PUBLIC INFORMATION OFFICER, DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. P11: COPY OF THE ORDER NO.EA4/42954/2009 DATED 15/02/2010. P12: COPY OF THE REPRESENTATION DATED 24/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. P13: COPY OF THE MEMO CHARGES ALONG WITH STATEMENT OF ALLEGATIONS. P14: COPY OF THE REPLY DATED 03/06/2011 SUBMITTED BY PETITIONER AGAINST MEMO OF CHARGES. RESPONDENT'S EXHIBITS:NIL /TRUE COPY/ P.A. TO JUDGE. svs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18389/2011-W ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 7th day of July, 2011 J U D G M E N T The petitioner who was working as Lecturer (Civil Engineering) prior to suspension order is aggrieved by the non issuance of an order reinstating him in service in spite of cancellation of suspension. 2. While he was working in Engineering College, Thiruvananthapuram, he was transferred as per Ext.P1 dated 28/11/2009 to the Engineering College at Thrissur. After getting relieved from the College on 09/12/2009, he joined the Engineering College, Thrissur but only after a couple of months. Therefore, immediately after joining there, he was served with an order suspending him from service as per Ext.P4 order dated 03/02/2010. The suspension was on the plea that he did not rejoin duty. 3. It appears that the petitioner was waiting for payment of subsistence allowance and for other reliefs and was expecting orders cancelling suspension. But only recently he came to know that the suspension order was cancelled as per Ext.P11 order dated 15/02/2010 which he obtained after submitting an application under the Right to W.P.(C). No.18389/2011 -:2:- Information Act. Ext.P13 is the memo of charges now received by the petitioner along with the statement of allegations. The petitioner seeks to challenge the same in this writ petition. He has filed a reply to the same as per Ext.P14. 4. Since only a memo of charges alone has been issued as of now, there is no scope of interference by this Court at this stage. 5. The learned counsel for the petitioner submitted that even though the suspension was recalled, there was no direction to rejoin duty at any point of time, and he did not get any order directing to join duty in any of the colleges. So far the subsistence allowance also has not been paid. In that view of the matter, the learned counsel pressed for a direction to the respondent to reinstate him in any of colleges, preferably in the Government Engineering College, Thiruvananthapuram. This is a matter which the petitioner will have to take up with the concerned authority, namely, Director of Technical Education. If a representation is filed in that regard, the same will be considered by the concerned respondent and appropriate orders will be passed. The petitioner can seek for permission to rejoin duty. The legal issues raised by the petitioner including validity of Ext.P11 are left open. The writ petition is accordingly disposed of. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) ms