IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23045 of 2011(E) -------------------------- PETITIONER(S): --------------- MOHAMMED ABDUL KHADER(UNDER SUSPENSION) ASI GRADE,6971, KERALA POLICE,TRIVANDRUM CITY. BY ADV. SRI.BABU CHERUKARA SRI.AMINA BHANU SRI.P.ANTO THOMAS RESPONDENT(S): --------------- 1. THE CITY POLICE COMMISSIONER, TRIVANDRUM CITY, PIN 695 001. 2. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT., HOME DEPARTMENT, SECRETARIAT,TRIVANDRUM. BY G.P.SMT.SMITHA SUKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23045 of 2011(E) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: TRUE PHOTOSTAT COPY OF THE ORDER NO.H2/40913/11 T C DATED 5.8.11 BY THE 1ST RESPONDENT. EXT.P2: TRUE PHOTOSTAT COPY OF THE EXPLANATION CUM REQUEST GIVENBY THE PETITIONER DATED 6.8.2011. EXT.P3: TRUE PHOTOSTAT COPY OF THE ORDER DATED 28.8.1999 BY THE 1ST RESPONDENT. EXT.P4: TRUE PHOTOSTAT COPY OF THE ORDER IN SPECIAL LEAVE APPEAL (CIVIL) DATED 27.11.2009 OF THE HON'BLE SUPREME COURT OF INDIA. EXT.P5: TRUE PHOTOSTAT COPY OF THE JUDGMENT IN CALENDAR CASE NO.328/06 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT THIRUVANANTHAPURAM, DATED 9.4.2010. EXT.P6: TRUE PHOTOSTAT COPY OF THE REPRESENTATION DATED 27.8.2011 BY THE PETITIONER. RESPONDENTS' EXHIBITS: NIL // TRUE COPY // TKS P.S. TO JUDGE C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.23045 of 2011 ---------------------------------------- Dated 29th August, 2011 JUDGMENT The petitioner is working as Assistant Sub Inspector of Police (Grade) in DCRB Kerala Police, Thiruvananthapuram City. He was placed under suspension as per Ext.P1 order dated 5.8.2011. Ext.P1 would reveal that the petitioner was placed under suspension in contemplation of an oral enquiry. The petitioner challenges Ext.P1 on various grounds. At the same time, it is evident that after the institution of this writ petition the petitioner had approached the Additional Director General of Police, South Zone, Thiruvananthapuram raising grievances against Ext.P1 and requesting to review the same. Since the petitioner had already raised his grievances against Ext.P1 and requested for its review before a higher authority, I do not think it necessary to consider the contentions raised in this writ petition on merits at this stage. The Additional Director General of Police, before whom the petitioner preferred Ext.P6 is not a party to this writ petition. However, considering the fact that the petitioner had already approached the Additional Director General of Police and Ext.P6 is pending before the said authority, I am inclined to dispose of this writ petition with a direction to the Additional Director General of Police, WP(C).No.23045/2011 2 South Zone, Thiruvananthapuram to consider Ext.P6, in accordance with law, and pass orders thereon expeditiously, at any rate, within a period of one month from the date of receipt of a copy of this judgment. To enable the Additional Director General of Police, South Zone, Thiruvananthapuram to comply with the directions the petitioner shall produce a copy of this judgment before the said authority. Sd/- C.T.RAVIKUMAR Judge TKS