IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR WEDNESDAY, THE 17TH AUGUST 2011 / 26TH SRAVANA 1933 WP(C).No. 19069 of 2011(G) ---------------------------------------- PETITIONER(S): ------------------------ E.S. NASSER MATTAPPENAL HOUSE, ENANALLOOR, WEST PANNAMATTAM, MUVATTUPUZHA, ERNAKULAM-686 673. BY ADV. SRI.AUGUSTINE JOSEPH, SRI.K.S.ROCKEY. RESPONDENT(S): -------------------------- 1. THE DISTRICT COLLECTOR, PALAKKAD-678 001. 2. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM-695 001 3. STATE OF KERALA, REPRESENTED BY THE SECRETARY, REVENUE DEPARTMENT,GOVT. SECRETARIAT, THIRUVANANTHAPURAM-695 001. R1 TO R3 BY GOVT. PLEADER SMT.SMITHA SUKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 19069 of 2011(G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 07/12/2010 FROM THE 1ST RESPONDENT. EXT.P2: COPY OF THE JUDGMENT DATED 06/02/2011 IN WP(C) NO. 36936/2010. EXT.P3: COPY OF THE ORDER DATED 19/02/2011 FROM THE 1ST RESPONDENT. EXT.P4: COPY OF THE REPRESENTATION DATED 10/06/2011 FROM THE PETITIONER TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs C.T. RAVIKUMAR, J. - -- - - -- - - - - - - -- - - - - - - - - - - - - - - - W.P.(C). No.19069 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 17th day of August, 2011 J U D G M E N T The petitioner was working as Village Officer under the first respondent. He was placed under suspension as per Ext.P1 order dated 7.12.2010. The said order was issued invoking the power under Rule 10(1) (a) of the Kerala Civil Services (Classification, Control & Appeal) Rules in contemplation of the disciplinary proceedings. Subsequently, the petitioner was issued with memo of charges and, disciplinary proceedings were initiated against him. According to the petitioner, the Deputy Collector, Palakkad was appointed as the enquiry officer and on completion of the enquiry proceedings, he submitted his report. The grievance of the petitioner is that despite the receipt of the said report, the disciplinary proceedings have not been finalised so far and at the same time, the respondents have not taken any step to revoke the order of suspension. In the said circumstances, the petitioner has submitted Ext.P4 representation dated 10.6.2011 before the first respondent. However, no action was taken thereon. It is in the said circumstances that this Writ Petition has been filed mainly with the prayer to issue a writ of mandamus commanding the first respondent to complete the disciplinary proceedings initiated against W.P.(C).No.19069 of 2011 2 the petitioner within a time limit and to allow the petitioner to join duty at Ernakulam. 2. The learned Government Pleader, on instructions, submitted that in fact, the enquiry report is yet to be received by the disciplinary authority and that, immediately on its receipt, the disciplinary proceedings initiated against the petitioner would be finalised. Taking into account the fact that the enquiry officer has already completed the enquiry, it would only be appropriate for the disciplinary authority to take appropriate steps to obtain the enquiry report and finalise the proceedings initiated against the petitioner. Since the petitioner is under suspension from 7.12.2010 onwards, the disciplinary authority shall take appropriate steps in that regard expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. In case the disciplinary proceedings initiated against the petitioner could not be finalised within the above stipulated period, the respondents shall consider the question of revocation of suspension of the petitioner immediately thereafter. The Writ Petition is disposed of, accordingly. (C.T. RAVIKUMAR, JUDGE) spc