IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 22486 of 2009(E) ------------------------------------------ PETITIONER(S): ------------------------ ANWAR SADATH.P, EXCISE INSPECTOR (UNDER SUSPENSION), EXCISE CHECK POST, WALAYAR, RESIDING AT VALIYAVEETTAYATH KIZHAKKETHIL, AATHIKKATTUKULANGARA, NOORANAD- 690 504. BY ADVS. MR.N.SUGATHAN, SMT.VARSHA BHASKAR, MR.S.PRASANTH (AYYAPPANKAVU). RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE EXCISE COMMISSIONER, COMMISSIONERATE OF EXCISE, THIRUVANANTHAPURAM. R1 & R2 BY SR. GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------- W.P.(C) No. 22486 OF 2009 -------------------------- Dated this the 17th day of August, 2009 J U D G M E N T Heard Sri. N.Sugathan, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner, who is presently working as Excise Inspector in the Excise Check Post at Walayar, was placed under suspension by Ext.P2 order dated 29.1.2009 issued by the State Government. Along with the petitioner, five of his subordinates who were working in the Excise Check Post, Walayar were also placed under suspension by the Deputy Excise Commissioner, Palakkad. The pleadings disclose that all the subordinate officers of the petitioner have been reinstated in service as per Ext.P4 order dated 16.7.2009. The charge against the petitioner which led to his suspension was that some of his subordinates were guilty of misconduct including alleged demand and acceptance of bribe and that the petitioner is guilty of supervisory lapses. This writ petition is filed aggrieved by the delay on the part of the respondents in not considering his request in Ext.P5 representation dated 18.7.2009 W.P.(C) No. 22486/09 2 to reinstate him in service. 3. The learned Senior Government Pleader appearing for the respondents on instructions submits that as the petitioner was placed under suspension by the Government, the Government alone can reinstate him in service. She also submits that the Excise Guards were reinstated by the Deputy Excise Commissioner after preliminary enquiry and that the files are now with the Government. The learned Senior Government Pleader also submits that the Government will take an expeditious decision in the matter. 4. I have considered the submissions made at the Bar by the learned counsel appearing on either side. In my opinion, having regard to the fact that the Excise Guards and Preventive Officers against whom there were serious allegations of misconduct including receipt of bribe have been reinstated in service as per Ext.P4 order dated 16.7.2009 and as Ext.P3 report discloses that the only allegation leveled against the petitioner is supervisory lapses, the Government should review the order placing the petitioner under suspension. W.P.(C) No. 22486/09 3 I accordingly dispose of this writ petition with a direction to the Government to consider the request made by the petitioner in Ext.P5 representation and take a decision thereon having regard to the findings and observations in Ext.P3 report and Ext.P4 order passed by the Deputy Excise Commissioner, Palakkad. Final orders in the matter shall be passed expeditiously and in any event within one month from the date of which the petitioner produces a certified copy of this judgment before the Secretary to Government, Taxes Department. P.N.RAVINDRAN, JUDGE vps