IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 30TH MARCH 2010 / 9TH CHAITHRA 1932 WP(C).No. 10878 of 2010(H) -------------------------- PETITIONER(S): --------------- 1. G.SAKTHIDHARAN NAIR, AGED 52 YEARS, S/O.GOPALAKRISHNAN NAIR, SHYAM NIVAS, AANARI, CHERUTHANA, ALAPPUZHA. 2. S.MADHUSOODHANAN NAIR, AGED 47 YEARS, S/O.SIVARAMAN NAIR, PARIYARATH, KUNNATHALUMMOODU, KAYAMKULAM. 3. M.NAZAR HANEEF, AGED 32 YEARS, S/O.K.HANEEFA, METTUMTHARYIL, PAYIPPAD P.O., HARIPPAD. BY ADV. SRI.E.RAFEEK SRI.GOKUL DAS V.V.H. RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE PRINCIPAL SECRETARY, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF MINING AND GEOLOGY, INDUSTRIES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. BY SRI. ANTONY MUKKATH, GOVERNMENT PLEADER, R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No.10878 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 30th day of March, 2010 J U D G M E N T The petitioners are working under the department of Mining and Geology. They are holding the post of Mineral Revenue Inspector, driver and night watcher respectively. As per Ext.P1 order, the petitioners were placed under suspension on 11.5.2009 pursuant to their arrest in a vigilance raid by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Alappuzha, Crime No.3/2009 has been registered against them by the Vigilance and Anti Corruption Bureau, Alappuzha. The petitioners have been arrayed as accused numbers 2 to 4 therein. The grievance of the petitioners is that though they are placed under suspension as per order dated 16.5.2009, the order of suspension has not, so far been, reviewed. In the context of the contentions of the petitioners it is to be noted that though there is a provision for filing review under Rule 35 of Kerala Civil Services(Classification, Control and Appeal)Rules, the petitioners have not so far approached WPC.10878 of 2010 : 2 : the Government by filing a review petition. At the same time, there cannot be any reason for not reviewing the order of suspension in terms of the provisions under Para 17 of the manual for disciplinary proceedings. Of course that is a provision enabling review in respect of disciplinary proceedings initiated. In such circumstances, considering the fact that the petitioners are placed under suspension as per Ext.P1, the petitioners are given liberty to approach the Government by filing a review petition as contemplated under Rule 35 of KCS(CCA)Rules within a period of two weeks from today. In case, such a review petition is received from the petitioners, same shall be considered in accordance with law, expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge WPC.10878 of 2010 : 3 :