IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 10TH DECEMBER 2008 / 19TH AGRAHAYANA 1930 WP(C).No. 34764 of 2008(L) -------------------------- PETITIONER(S): --------------- R.WILSON, S/O. RAJAYYAN, AGED 43, SPECIAL VILLAGE OFFICER,(UNDER SUSPENSION), RESIDING AT ANU VILLA, VAZHAMUTTOM P.O., PATHANAMTHITTA DIST, PIN 689 647. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE SRI.P.PRIJITH SRI.S.VAIDYANATHAN RESPONDENTS: --------------- 1. THE LAND REVENUE COMMISSIONER, THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, PATHANAMTHITTA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) 34764/08 APPENDIX PETITIONER'S EXHIBITS:- Ext.P1:- TRUE COPY OF THANDAPER ACCOUNT NO.26156 IN THE NAME OF SAJEEDA HABEEBULLAH Ext.P2:- TRUE COPY OF THANDAPER NO.15217 IN THE NAME OF C.K.KRISHNAPILLAI Ext.P3:- TRUE COPY OF ORDER DATED 5.9.2008 ISSUED BY 2ND RESPONDENT DISTRICT COLLECTOR Ext.P4:- TRUE COPY OF APPEAL DATED 10.11.2008 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT Ext.P5:- TRUE COPY OF ACKNOWLEDGEMENT CARD FOR RECEIPT OF Ext.P4 RESPONDENT'S EXHIBITS:- NIL /TRUE COPY/ P.A. TO JUDGE Okb/- P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 34764 of 2008 ====================================== Dated this the 10th day of December 2008 JUDGMENT The petitioner is presently working as Special Village Officer in the Land Revenue Department. He was placed under suspension by Ext.P3 order dated 5.9.2008 passed by the District Collector, Pathanamthitta. Aggrieved by Ext.P3, he has filed Ext.P4 appeal before the Land Revenue Commissioner under Rule-25 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, hereinafter referred to as `Rules' for short. As the appeal was filed beyond the time limit of two months prescribed in Rule 25 of the rules, he has filed Ext.P6 petition to condone the delay in filing the appeal. In this Writ Petition the petitioner inter alia prays for a direction to the Land Revenue Commissioner to consider Ext.P4 appeal and pass orders thereon, after affording him an opportunity of being heard. 2. Rule 22 of the rules confers on the petitioner the right to file an appeal from Ext.P3 order of suspension. The period of limitation prescribed in the proviso of the Rule 25 of the Rules for filing an appeal from an order of suspension is two months. The appellate authority is however conferred with the power to W.P.(C)No.34764/2008 2 condone the delay in filing the appeal, if sufficient cause is shown for not filing the appeal within the prescribed time. The petitioner submits that Ext.P4 appeal was submitted directly to the Land Revenue Commissioner with a copy to the District Collector, Pathanamthitta. 3. Having regard to the fact that the rules confer on the petitioner the right to file an appeal from Ext.P3 and as the petitioner has invoked the said remedy, it is only desirable that the appeal filed by the petitioner is expeditiously heard and disposed of. In these circumstances, I dispose of the Writ Petition with the following directions: a) The first respondent shall within six weeks from the date of receipt of a copy of this judgment, consider Ext.P4 appeal along with Ext.P6 application to condone the delay and take a decision thereon after affording the petitioner an opportunity of being heard. b) It will be open to the petitioner to supplement Ext.P4 appeal by filing an appropriate representation at the time of hearing. c) The Land Revenue Commissioner shall also ascertain the views of the disciplinary authority before final orders are passed in the matter. The contentions of the petitioner on the merits W.P.(C)No.34764/2008 3 are left open and he will be free to challenge the order passed by the appellate authority, if he is aggrieved thereby in other appropriate proceedings. P.N.RAVINDRAN, JUDGE css/