IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 23RD JUNE 2009 / 2ND ASHADHA 1931 WP(C).No. 15913 of 2009(H) -------------------------------------- PETITIONER(S): ---------------------- K.MADHUKUMAR, (VILLAGE OFFICER (UNDER SUSPENSION), TALUK OFFICE, NEDUMANGAD), PRASANNA MANDIRAM, MELAMCODE, PAZHAKUTTY P.O., NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. BY ADV. MR.S.P.ARAVINDAKSHAN PILLAY SMT.N.SANTHA MR.K.A.BALAN MR.PETER JOSE CHRISTO MR.S.A.ANAND RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, REVENUE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 2. THE COMMISSIONER OF LAND REVENUE, COMMISSIONERATE OF LAND REVENUE, THIRUVANANTHAPURAM, PIN-695 033. 3. DISTRICT COLLECTOR, THRISSUR, CIVIL STATION, AYYANTHOLE, THRISSUR, PIN-680 003. 4. DISTRICT COLLECTOR, THIRUVANANTHAPURAM, CIVIL STATION, KUDAPPANAKKUNNU, THIRUVANANTHAPURAM, PIN-695 043. R1 TO R4 BY SR.GOVERNMENT PLEADER SMT.ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.15913 of 2009 -------------------------------------- Dated 23rd June, 2009 JUDGMENT The petitioner who is presently working as Village Officer was placed under suspension by Ext.P3 order dated 23.5.2008 passed by the District Collector, Thiruvananthapuram pending initiation of disciplinary action against him. Thereafter, Ext.P4 memo of charges was served on the petitioner and he submitted Ext.P5 written statement. In this writ petition, the petitioner challenges Ext.P3 order of suspension and seeks reinstatement in service. 2. The pleadings disclose that the petitioner was placed under suspension on 23.5.2008 more than one year back. The pleadings also disclose that seeking revocation of the suspension the petitioner has moved the District Collector, Thrissur by submitting Exts.P6 and P8 representations and the Revenue Secretary by submitting Ext.P9 representation. Paragraph 17 of the Manual for Disciplinary Proceedings stipulates that cases of employees continuing under suspension for more than six months shall be reviewed. Since the petitioner has been continuing under suspension for more than one year, I am of the opinion that the Government should consider whether he should continue to be under suspension. WP(C).No.15913/2009 2 I accordingly dispose of this writ petition with a direction to the Secretary to Government, Revenue Department to consider the request made by the petitioner in Ext.P9 and take a decision thereon after affording him a reasonable opportunity of being heard. Final orders in the matter shall be passed within two months from the date on which the petitioner produces a certified copy of this judgment along with a copy of the writ petition before the Secretary to Government, Revenue Department. It will be open to the petitioner to supplement Ext.P9 by filing an additional representation. The Government shall after orders are passed communicate a copy thereof to the petitioner expeditiously. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN Judge TKS