IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI THURSDAY, THE 27TH MARCH 2008 / 7TH CHAITHRA 1930 WP(C).No. 10401 of 2008(L) -------------------------- PETITIONER: ------------ K.SUDHAKARAN, SPECIAL GRADE SECRETARY (UNDER SUSPENSION), EDAVANNA GRAMA PANCHAYAT, RESIDING AT ANAGHA, CHAKKALAKUTH, NILAMBUR P.O. MALAPPURAM DISTRICT. BY ADV. SMT.K.A.ANGEL TREENA SMT.ARLISS TRENCY ANTONY RESPONDENT: ------------- THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF-GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT. BY GOVERNMENT PLEADER SRI. BEJOY CHANDRAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).10401/2008 -------------------- Dated this the 27th day of March, 2008 JUDGMENT While working as Special Secretary of Edavanna Grama Panchayat, petitioner was suspended from service under Ext.P1 order dated 3.2.2007. Petitioner sought for a revocation of suspension under Rule 10(6) of K.C.S (C.C & A) Rules, 1960. The plea for revocation was dismissed under Ext.P4 order dated 19.4.2007. Petitioner challenges Ext.P4 order in the writ petition. I am not inclined to consider the correctness of Ext.P4 mainly for the reason that such order was passed as early as on 19.4.2007 and what is involved is the correctness of the decision refusing to revoke the suspension. But an order declining to revoke the suspension would be necessarily temporary and it is always open to the competent authority to entertain a fresh application for the revocation of suspension, if there are change of W.P.(C).10401/2008 2 circumstances. At any rate, Government is bound to consider the necessity to continue the suspension effected by it every six months and therefore, if the petitioner approaches the Government again for revocation of suspension, it is to be considered notwithstanding Ext.P4. In the result, writ petition is disposed of permitting the petitioner to approach the Government again seeking a revocation of Ext.P1 order of suspension. If it is done within one month from today, it shall be considered and orders passed thereon, after hearing the petitioner, within six weeks thereafter, untrammeled by Ext.P4. V.GIRI, Judge mrcs