IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 35107 of 2009(G) -------------------------- PETITIONER(S): --------------- C.RADHAKRISHNAN, AGED 52 YEARS, S/O.N.E.VISHNU NAMBOOTHIRI, SUYOG, EDAPPALLY, KOCHI-24 (WORKING AS REGIONAL TRANSPORT OFFICER, ERNAKULAM.) BY ADV. SRI.N.JAMES KOSHY RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT TRANSPORT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM. 3. THE DEPUTY TRANSPORST COMMISSIONER, ERNAKULAM. GOVT. PLEADER SRI. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. -------------------------------------------------- W.P.(C) NO.35107 OF 2009 (G) -------------------------------------------------- Dated this the 7th day of December, 2009 J U D G M E N T Challenge in this writ petition is against Ext.P1, by which Petitioner, a Regional Transport Officer, was ordered to be placed under suspension on allegations of misconduct and pending disciplinary action. 2. Two allegations are raised against the petitioner to place him under suspension. One of the allegations is that while the petitioner was working as Joint RTO, Iringalakkuda he permitted alteration of 5 lorries as tippers. The second allegation is that while the petitioner was working as RTO, Palakkad he issued temporary permits in violation of circular No.10/2007. According to the petitioner, these allegations are totally unsustainable, particularly having regard to Exts.P2 to P6 produced in this writ petition. 3. However, the petitioner has a statutory remedy to seek revocation of suspension by filing an application under Rule 10(6) of the KCS &CCS Rules, 1960. This the petitioner has done by Ext.P7. WPC.No.35107 /09 :2 : 4. Accordingly, the writ petition is disposed of directing the first respondent to consider Ext.P7 with notice to the petitioner as expeditiously as possible and at any rate within 4 weeks from the date of production of a copy of the judgment along with a copy of this writ petition. Petitioner shall produce a copy of the judgment along with a copy of the writ petition before the first respondent for compliance. (ANTONY DOMINIC) JUDGE vi/ WPC.No.35107 /09 :3 :