IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 17TH AUGUST 2009 / 26TH SRAVANA 1931 WP(C).No. 23413 of 2009(V) --------------------------------------- PETITIONER(S): ----------------------- A.M.KOUMARI, AGRICULTURAL ASSISTANT (UNDER SUSPENSION) AGRICULTURAL OFFICE, 'KRISHI BHAVAN', AYYANTHOLE, THRISSUR. BY ADV. MR.O.D.SIVADAS RESPONDENT(S): -------------------------- 1. THE PRINCIPAL AGRICULTURAL OFFICER, PRINCIPAL AGRICULTURAL OFFICER, THRISSUR. 2. THE ASSISTANT DIRECTOR OF AGRICULTURAL, PUZHAKKAL, THRISSUR. 3. THE AGRICULTURAL OFFICER, AGRICULTURAL OFFICE, 'KRISHI BHAVAN', AYYANTHOLE , THRISSUR. BY GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 23413 of 2009-V ------------------------------ Dated this the 17th day of August, 2009. J U D G M E N T Heard Sri.O.D.Sivadas, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioner who is presently working as Agricultural Assistant in the office of the third respondent was placed under suspension by Ext.P3 order dated 7.8.2009, passed by the first respondent, on the ground that he was arrested in connection with a criminal case and was imprisoned for a period of three days. Ext.P3 order has been passed invoking Rule 10 of Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. Under Rule 22 of the said Rules, an appeal lies from Ext.P3 order of suspension to the next higher authority namely the Director of Agriculture. Under Rule 25 of the Rules the period of limitation prescribed for filing such an appeal is two months from the date on which the appellant received a copy of the order appealed against. The said period of two months has not expired. Further Rule 31 of the Rules stipulates that in an appeal from the order of suspension, the appellate authority shall consider whether in the light of the provisions of rule 10 and having regard the circumstances of the case W.P(C) No. 23413 of 2009-V 2 the order of suspension is justified or not. Thus, under the Rules, the petitioner has an effective and meaningful remedy by way of an appeal. I am therefore of the considered opinion that the petitioner should invoke the appellate remedy available to her instead of seeking the intervention of this Court at this stage. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appeal within the time limit stipulated in Rule 25 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960, the first respondent, Director of Agriculture, shall consider the same and pass orders thereon after affording the petitioner a reasonable opportunity of being heard. Final orders in the matter shall be passed within two months from the date on which the petitioner files an appeal through the first respondent. The first respondent shall within ten days from the date on which the petitioner files an appeal before him forward it to the Director of Agriculture, if the appeal is in order. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab