IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 2ND JANUARY 2008 / 12TH POUSHA 1929 WP(C).No. 106 of 2008(K) ------------------------------------ PETITIONER: -------------------- SUBHASH R., CASHIER(UNDER SUSPENSION), ELECTRICAL SECTION, PERINTHALMANNA, MALAPPURAM DISTRICT. BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ----------------------- 1. KERALA STATE ELECTRICITY BOARD, REPRESENTED BY ITS SECRETARY, VIDHYUTHY BHAVAN, THIRUVANANTHAPURAM. 2. THE EXECUTIVE ENGINEER(ELECTRICAL DIVISON), KSEB, PERINTHALMANNA, MALAPPURAM DISTRICT. BY SRI. K.S. ANIL, SC, KSEB THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/01/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss V.GIRI,J. ------------------------- W.P ( C) No. 106 of 2008 -------------------------- Dated this the 2nd January, 2008 J U D G M E N T The petitioner while working as Cashier in the Electrical Section, Perinthalmanna was suspended under Exhibit P1 order dated 31.8.2005. To Exhibit P2 memo of charges, Exhibit P3 reply was filed by the petitioner. Petitioner also sought for revocation of the suspension that has now been declined under Exhibit P4. Exhibit P4 is under challenge in this writ petition. 2. Learned counsel for the petitioner Mr. M. Sasindran submits that the factual premises on which Exhibit P4 was ordered does not seem to be correct. Apparently, the petitioner was not originally appointed as Cashier but as Junior Assistant. Secondly, according to him, the petitioner was not implicated in any crime. In my view, the petitioner has an efficacious remedy against Exhibit P4. 3. Learned standing counsel for the Board submits that the concerned Deputy Chief Engineer is the appellate authority for the purpose of entertaining an appeal/revision against Exhibit P4. Submission is recorded. W.P ( C) No. 106 of 2008 2 In the circumstances, this writ petition is disposed of permitting the petitioner to prefer an appeal against Exhibit P4 before the concerned Deputy Chief Engineer. If it is so done, within a period of four weeks from today, it shall be considered on merits and disposed of within a period of two months thereafter. The Deputy Chief Engineer will refer to the contention that the petitioner was not originally engaged as Cashier and also that he is not an accused in any crime. Taking note of the fact that the original suspension was in the year 2005 the Deputy Chief Engineer may also consider whether the petitioner could be accommodated in any other non sensitive post, as a condition for revoking the suspension of the petitioner. (V.GIRI, JUDGE) ma W.P ( C) No. 106 of 2008 2 K.THANKAPPAN,J CRL.A. NO.92 OF 1999 ORDER W.P ( C) No. 106 of 2008 2 25th May, 2007