IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 18TH AUGUST 2009 / 27TH SRAVANA 1931 WP(C).No. 23607 of 2009(U) ---------------------------------------- PETITIONER(S): ------------------------- P.M.JACOB, U.D.CLERK (UNDER SUSPENSION), LAND REVENUE COMMISSIONERATE, MUSEUM BUILDING, THIRUVANANTHAPURAM. BY ADVS. MR.VINOD SINGH CHERIYAN, MR.R.SUDHISH, SMT.M.MANJU. RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY PRINCIPAL SECRETARY, DEPARTMENT OF REVENUE, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE COMMISSIONER OF LAND REVENUE, COMMISSIONERATE OFFICE, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM. 3. THE DISTRICT COLLECTOR, PALAKKAD. 4. THE DEPUTY COLLECTOR, (VIGILANCE), NORTH ZONE, KOZHIKODE. R1 TO R4 BY SR. GOVERNMENT PLEADER MR. P.NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. --------------------------------------------- W.P.(C)No.23607 of 2009 --------------------------------------------- Dated 18th August, 2009 J U D G M E N T Heard Sri.R.Sudhissh, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner, an Upper Division Clerk in the office of the Commissioner of Land Revenue, Thiruvananthapuram was placed under suspension by Ext.P2 order dated 11.04.2008 issued by the Commissioner of Land Revenue. In this writ petition, the petitioner challenges Ext.P2 order of suspension and seeks reinstatement in service. Ext.P2 order discloses that it was passed under Rule 10(1)(a) of the Kerala Civil Services (Classification, Control and Appeal) Rules pending the disciplinary proceedings initiated against the petitioner. Ext.P2 order of suspension was passed on 11.4.2008. More than 16 months have passed thereafter. Paragraph 17 of the Manual for Disciplinary Proceedings stipulates that cases of Government employees continuing under suspension for more than six WP(C).No.23607/2009 2 months pending disciplinary action should be reviewed. Rule 10 (6) of the Kerala Civil Services (Classification, Control and Appeal) Rules empowers the authority who made the order of suspension or any superior authority to revoke the order of suspension. In my opinion, in view of the stipulations in Rule 10 (6) of the Kerala Civil Services (Classification, Control and Appeal) Rules and Paragraph 17 of the Manual for Disciplinary Proceedings the petitioner should move the Commissioner of Land Revenue or the State Government seeking revocation of the order of suspension, instead of seeking the intervention of this Court. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appropriate representation before the Secretary to Government, Revenue Department seeking revocation of the order of suspension, the Government shall consider the same and pass orders thereon expeditiously and in any event within six weeks from the date on which the petitioner moves the Government as directed above. Needless to say, the Government shall afford the petitioner a WP(C).No.23607/2009 3 reasonable opportunity of being heard and shall after orders are passed as directed above, communicate a copy thereof to the petitioner. P.N.RAVINDRAN Judge TKS