IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 9TH JULY 2008 / 18TH ASHADHA 1930 WP(C).No. 5069 of 2008(C) ------------------------- PETITIONER: -------------------- P.K.SASIDHARAN PILLAI, AGED 53 YEARS, S/O.KUNJAN PILLAI, JUNIOR SUPERINTENDENT, KODASSERY PANCHAYAT, THRISSUR DISTRICT (UNDER SUSPENSION), RESIDING AT PEEDIKA THAYYIL HOUSE, KOTHAPARAMBU P.O., KODUNGALLOOR-680 668. BY ADV. SRI.K.K.CHANDRAN PILLAI SRI.SAJI SANKARAN NAIR RESPONDENTS: ----------------------- 1. THE DIRECTOR OF PANCHAYATS, OFFICE OF THE DIRECTOR OF PANCHAYATS, THIRUVANANTHAPURAM. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY, LOCAL ADMINISTRATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DEPUTY SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI-CORRUPTION BEAURAU, PALAKKAD. GOVERNMENT PLEADER SRI.NANDAKUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 09/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.5069/2008 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER SUSPENSION DT. 17.12.2006. EXT.P2:- COPY OF THE ORDER DT. 24.9.07 ISSUED BY THE 2ND RESPONDENT. EXT.P3:- COPY OF THE REPORT OF TRANSFER OF THE PETITIONER DT. 7.9.2005. /TRUE COPY/ P.S. TO JUDGE tss V. GIRI, J. ------------------------------- WP(C).NO. 5069 of 2008 --------------------------------- Dated this the 9th day of July, 2008. JUDGMENT The petitioner while functioning as the Junior Superintendent in Kodassery Panchayat in Thrissur District was suspended from service pending enquiry as per Ext.P1 order. He filed an appeal against the order of suspension. That was also rejected under Ext.P2 order which has been challenged in this writ petition. 2. A counter affidavit has been filed by the second respondent and it is pointed out that there are allegations of misappropriation of funds levelled against the petitioner and that in the circumstances a vigilance investigation is also underway. 3. After hearing counsel on both sides, the learned Government Pleader was requested to get instructions from the third respondent as to whether the vigilance investigation into the allegations of misappropriation of funds in Kuthannur Grama Panchayat has been completed and if so, the views of the WPC. 5069/2008 2 Vigilance and Anti Corruption Bureau in the matter of request made by the petitioner for reinstatement in service. A statement sent in this regard by the Deputy Superintend of Police Vigilance and Anti Corruption Bureau, Palakkad to the learned Government Pleader has been made available for perusal. I have gone through the same. Apparently according to the Vigilance and Anti Corruption Bureau certain serious irregularities have been committed by the petitioner and therefore according to the them, his reinstatement in service and posting in Palakkad District might enable the petitioner to influence the witnesses and other officials of the Kuthannur Grama panchayat. It is further stated that if there is an order to reinstate the petitioner it should be outside Palakkad District. In my view the petitioner's plea for reinstatement may be considered afresh by the Director, the first respondent. This shall be done notwithstanding Ext.P2 order passed by the Government. Fresh orders may be passed by the first respondent within one month from the date of receipt of a copy of this judgment and the first respondent shall specifically consider the plea made by the petitioner that he may be posted anywhere in the State outside the Palakkad District WPC. 5069/2008 3 on reinstatement. The Director shall take a decision keeping in mind the fact that the petitioner is due to retire in 2009. V. GIRI, JUDGE. Pmn/