IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE K.SURENDRA MOHAN MONDAY, THE 12TH DAY OF DECEMBER 2011/21ST AGRAHAYANA 1933 WPC.No. 33066 of 2011 (G) ------------------------------- PETITIONER : ---------------------- STELLA JACOB, ASSISTANT DIRECTOR OF AGRICULTURE, THODANNUR, KOZHIKODE DISTRICT PIN 673 108. BY ADVS. SRI.ABRAHAM VAKKANAL (SR.) SRI.PAUL ABRAHAM VAKKANAL SRI.DIJO SEBASTIAN SMT.VINEETHA SUSAN THOMAS SMT.JASMY KATTOOR RESPONDENT(S) : -------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY AGRICULTURE DEPARTMENT GOVERNMENT OF KERALA SECRETARIAT THIRUVANANTHAPURAM, PIN- 695 001. 2. DIRECTOR OF AGRICULTURE VIKAS BHAVAN THIRUVANANTHAPURAM, PIN- 695 033. R1 & R2 BY GOVT. PLEADER SHAIJ RAJ T.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-12-2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WPC.No. 33066 of 2011 (G) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF THE GOVERNMENT ORDER G.O. (RT) NO. 2622/2008/AD DATED 11-12-2008. EXT.P2 : COPY OF THE STATEMENT OF DEFENCE SUBMITTED BY THE PETITIONER DATED 10-06-2009. EXT.P3 : COPY OF THE GOVERNMENT ORDER G.O. (RT) NO. 2153/2009/AD DATED 26-12-2009. EXT.P4 : COPY OF THE SHOW CAUSE NOTICE NO. 26768/EA3/08/AD DATED 29-10-2010. EXT.P5 : COPY OF THE REPLY FROM THE PETITIONER DATED 12-12-2010. EXT.P6 : COPY OF THE REPLY FROM THE PETITIONER DATED 28-02-2011. EXT.P7 : COPY OF THE GOVERNMENT ORDER G.O.(RT) NO. 1840/11/AD DATED 12-10-2011. EXT.P8 : COPY OF THE REVIEW PETITION DATED 21-11-2011. RESPONDENT'S EXHIBITS : NIL //TRUE COPY// P.A. TO JUDGE Mn K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.33066 of 2011-G. = = = = = = = = = = = = = Dated this the 12th December, 2011. J U D G M E N T The petitioner is working as the Assistant Director of Agriculture, Thodannur. There were allegations against her in the matter of holding a training camp in organic farming for Agricultural Officers and Agricultural Assistants, as directed by the Joint Director of Agriculture. In view of the allegations, the petitioner was initially placed under suspension. An enquiry was conducted into the charges and a punishment has been imposed on the petitioner. 2. According to the petitioner, the enquiry suffers from a number of vitiating factors. The punishment imposed on the petitioner is also alleged to be illegal and unjust. Therefore, aggrieved by the said order Ext.P7, the petitioner has filed a statutory Review Petition under Rule 35 of the Kerala Civil Services (Classification, Control and WP(C).No.33066/2011-G. 2 Appeal) Rules. The said Review Petition is pending before the first respondent. The petitioner has filed this writ petition apprehending that the amounts sought to be recovered from her would be recovered from her salary even before the Review Petition Ext.P8 is finally considered and disposed of. The petitioner, therefore, seeks the issue of appropriate directions to consider and dispose of the Review Petition Ext.P8. 3. I have heard the learned Govt.Pleader also. 4. Since Ext.P8 Review Petition is pending consideration of the first respondent, it is only appropriate that the same is considered and disposed of expeditiously and the recovery proceedings directed to await the result of such consideration. 5. This writ petition is accordingly disposed of directing the first respondent to consider and dispose of the Review Petition filed by the petitioner, evidenced herein by Ext.P8 in accordance with law and to pass appropriate WP(C).No.33066/2011-G. 3 orders thereon, as expeditiously as possible and at any rate within a period of two months from the date of receipt of a copy of this judgment. 6. Pending final disposal of Ext.P8, the punishments imposed on the petitioner by Ext.P7 as well as the recovery ordered shall be kept in abeyance. The petitioner shall also be afforded an opportunity of being heard before final orders are passed in accordance with the above directions. K.SURENDRA MOHAN, (Judge) Kvs/-