IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 23RD FEBRUARY 2011 / 4TH PHALGUNA 1932 WP(C).No. 1808 of 2011(A) ---------------------------------- PETITIONER: -------------------- A.SYAMAN, 2ND GRADE SURVEYOR, (UNDER ORDERS OF SUSPENSION) TALUK OFFICE, NEYYATTINKARA, RESIDING AT PULLUVILA PUTHENVEEDU, PERUKAVU P.O., THIRUVANANTHAPURAM-695 573. BY ADV. SMT.I.SHEELA DEVI RESPONDENTS: ---------------------- 1. STATE OF KERALA REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-01. 2. DIRECTOR OF SURVEY AND LAND RECORDS, VAZHUTHACAUD, THIRUVANANTHAPURAM-14. BY GOVERNMENT PLEADER SHRI.ANTONY MUKKATH. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/02/2011, ALONG WITH WPC NO. 1819 OF 2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.1808 & 1819 of 2011 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 23rd day of February, 2011 J U D G M E N T The petitioners in these two writ petitions are 2nd Grade Surveyor and Head Surveyor respectively working in the office of the Director of Survey and Land Records, Vazhuthacaud, Thiruvananthapuram. They have been placed under suspension on certain allegations of misconduct. The petitioners are challenging the same. According to them, they are not guilty of any misconduct at all. They point out that in Exhibit P1 order of suspension, the only allegation against them is that they had acted carelessly creating a chance to others for making fake records for bogus transaction of property. The petitioners, therefore, seeks the following reliefs:- “i. Call for the records leading to Exts.P1 and quash the same by the issue of a writ in the nature of certiorari or any other appropriate writ or order: ii. issue a writ of mandamus or any other appropriate writ, direction or order directing the 1st respondent to revoke the order of suspension and reinstate the petitioner in service by giving them a posting;” 2. Originally in view of the fact that the only allegation against the petitioners in Exhibit P1 is that they were negligent, I directed the Government Pleader to get instructions. The Government Pleader earlier W.P.(C)No. 1808 & 1819 of 2011 -2- submitted that the recitals in the earlier paragraphs of Exhibit P1 themselves would go to show that petitioners had in fact connived with the persons in whose favour orders have been passed and that appropriate memo of charges would also be issued to the petitioners giving their correct involvement in the matter. 3. Learned Government Pleader has today produced before me a copy of the memo of charge dated 17.02.2011 wherein, the charges include that the petitioners had colluded with some private individuals and helped them in making fake records for bogus transaction of property. In view of the said serious charges, I am not inclined to interefere with the suspension of the petitioners. However, the respondents are directed to complete the disciplinary proceedings initiated by suspending the petitioners as expeditiously as possible, at any rate, within a period of 4 months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. Sd/- S. SIRI JAGAN JUDGE //TRUE COPY// P.A.TO JUDGE KRK