IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 WP(C).No. 29131 of 2008(R) -------------------------- PETITIONER: --------------- N.K.ALIAS, S/O. THIMMAN MARKOSE, AGED 55 YEARS, STORE KEEPER (UNDER SUSPENSION), DISTRICT TEXT BOOK DEPOT, CHAVAKKADU, THRISSUR DISTRICT, RESIDING AT VELLARAMKUNNEL HOUSE, KOOTHATTUKULAM P.O., ERNAKULAM DISTRICT - 686662. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.T.RAMPRASAD UNNI SMT.SMITHA GEORGE RESPONDENT: --------------- 1. THE DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ===================== W.P(C).No.29131 of 2008 ===================== Dated this the 3rd day of October, 2008. JUDGMENT The petitioner, a Store Keeper in the District Text Book Depot at Chavakkad, was placed under suspension by Ext.P1 order dated 4.1.2008 issued by the Deputy Director of Education, Thrissur. The petitioner submits that the order of suspension was not called for and that even after the expiry of more than 10 months, the respondents have not taken steps to issue a memo of charges or to review the order of suspension. The petitioner submits that he is due to retire from service on 30.11.2008 on attaining the age of superannuation. 2. I have heard Sri.T.Ramprasad Unni, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. Rule 10(6) of the Kerlala Civil Services (Classification, Control and Appeal) Rules, 1960, hereinafter referred to as the “Rules” for short, stipulates that an order of suspension made thereunder may at any time be reviewed by the authority which made the order or by any superior authority. Paragraph 17 of the Manual of Disciplinary Proceedings also contains a similar provision. In the instant case, the order of suspension was passed by the Deputy Director of Education. In the light of Rule 10(6) of the Rules and paragraph 17 of the Manual of Disciplinary Proceedings, the petitioner WP(C) 29131/08 -: 2 :- has a right to move the superior officers, namely, the Director of Public Instruction/Secretary to Government, General Education Department seeking a review of the order of suspension. 3. In these state of affairs, I dispose of this Writ Petition reserving liberty with the petitioner to move the Director of Public Instruction/Secretary to Government, General Education Department seeking a review of the order of suspension evidenced by Ext.P1. If the petitioner invokes the jurisdiction of either of the two officers within two weeks from today, the said officer shall within three weeks thereafter consider the said representation and take a decision thereon after affording the petitioner an opportunity of being heard. P.N.Ravindran, Judge. ess 7/10