IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 20TH APRIL 2010 / 30TH CHAITHRA 1932 WP(C).No. 13350 of 2010(P) ---------------------------------------- PETITIONER(S): ------------------------ C. RAMESH, PREVENTIVE OFFICER, EXCISE INTELLIGENCE & INVESTIGATION BUREAU, NORTH ZONE, KOZHIKODE. BY ADV. SRI.P.V.KUNHIKRISHNAN RESPONDENT(S): --------------------------- 1. EXCISE COMMISSIONER, THIRUVANANTHAPURAM. 2. ASSISTANT EXCISE COMMISSIONER, EXCISE INTELLIGENCE AND INVESTIGATION BUREAU, NORTH ZONE, KOZHIKODE. 3. EXCISE VIGILANCE OFFICER, KOZHIKODE. 4. EXCISE INSPECTOR, EXCISE INTELLIGENCE & INVESTIGATION BUREAU, KOZHIKODE. R1 TO R4 BY GOVERNMENT PLEADER SRI. MOHAMMED HASHIM THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/04/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. -------------------------------- W.P.(C) No. 13350 of 2010 -------------------------------- Dated this the 20th day of April, 2010. J U D G M E N T Ext.P6 order passed by the first respondent placing the petitioner under suspension pending disciplinary action is under challenge in this writ petition. 2. Ext.P6 is an order issued under Rule 10(1)(a) of the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960. Under Rule 23 of the said rules, an appeal lies to the Government from Ext.P6. The period of limitation prescribed for filing an appeal is 30 days from the date of order appealed against. Ext.P6 order was passed on 7.4.2010. Therefore, the period of limitation prescribed for filing an appeal has not expired. Further, the appellate authority can also consider whether on the facts, the order of suspension was warranted. The petitioner thus has an effective and meaningful alternate remedy by way of appeal. I am therefore of the opinion that he should resort to the said remedy instead of straight away moving this Court under Article 226 of the Constitution of India. The writ petition is accordingly dismissed without prejudice to the contentions raised by the petitioner in this writ petition and W.P.(C).No.13350/2010 2 reserving liberty with him to challenge Ext.P6 order in appeal before the State Government under Rule 23 of the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960. P.N.RAVINDRAN (Judge) vps W.P.(C).No.13350/2010 3