IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 18126 of 2009(I) -------------------------- PETITIONER: --------------- A.JUNAID, ASSISTANT MANAGER, TALUK DEPARTMENT, CHALAKUDY. (UNDER SUSPENSION), ELAVOOR KONATH VEEDU, KUDAVOOR (P.O.), THONNAKKAL, THIRUVANANTHAPURAM). BY ADV. SRI.B.RAMAN PILLAI SRI.R.ANIL SRI.ANIL K.MOHAMMED SRI.SHYAM ARAVIND RESPONDENTS: --------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF FOOD AND CIVIL SUPPLIES, THIRUVANANTHAPURAM, KERALA. 2. THE COMMISSIONER, STATE CIVIL SUPPLIES DEPARTMENT, THIRUVANANTHAPURAM. 3. THE CHAIRMAN AND MANAGING DIRECTOR, KERALA STATE CIVIL SUPPLIES CORPORATION LTD., KOCHI. BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 18126 of 2009 -I ------------------------------ Dated this the 13th day of July, 2009. J U D G M E N T The petitioner who is an employee of the Civil Supplies Department was placed under suspension by Ext.P3 order dated 18.12.2008, passed by the Chairman and Managing Director of the Kerala State Civil Supplies Corporation Limited, while he was on deputation to the said Corporation. Shortly thereafter his deputation was terminated and he was repatriated to the parent department, by Ext.P4 order dated 13.2.2009 passed by the Chairman and Managing Director of the Kerala State Civil Supplies Corporation Limited. The petitioner has aggrieved by his continued suspension moved the Commissioner of Civil Supplies by filing Ext.P6 representation dated 1.6.2009. In this writ petition the petitioner challenges Ext.P3 order of suspension and seeks reinstatement in service. In the alternative he seeks a writ in the nature of mandamus commanding the Commissioner of Civil Supplies to take a decision on Ext.P6 representation within a time limit to be fixed by this Court. 2. Ext.P3 discloses that the petitioner was placed under suspension pursuant to his arrest in connection with a vigilance case. The allegation is that the petitioner demanded and accepted bribe and that he was apprehended when he was accepting the bribe. The order of suspension was passed on 18.12.2008. Nearly seven months have W.P(C) No. 18126 of 2009 -I 2 passed thereafter. In my opinion, since the order of suspension was passed by the borrowing authority and thereafter the borrowing authority has transferred his lien to the lending authority, it is for the lending authority namely the Civil Supplies Department to consider whether the petitioner should remain under suspension or not. Ext.P6 discloses that a request in that regard is pending with the Commissioner of Civil Supplies. Since the said authority is yet to take a decision in the matter, I am of the opinion it would be premature for this Court to go into the merits of the petitioner's contentions at this stage. I accordingly dispose of this writ petition with a direction to the Commissioner of Civil Supplies to consider Ext.P6 representation and take a decision therein expeditiously and in any event within six weeks from the date on which the petitioner produces a certified copy of this judgment before him. The Commissioner of Civil Supplies shall also afford the petitioner a reasonable opportunity of being heard and shall also consult the Chairman & Managing Director of the Kerala State Civil Supplies Corporation Limited before passing orders as directed above. The Commissioner of Civil Supplies shall after orders are passed as directed above, communicate a copy thereof to the petitioner. Sd/- P.N.RAVINDRAN ab JUDGE //True Copy//