IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 11TH NOVEMBER 2008 / 20TH KARTHIKA 1930 WP(C).No. 32301 of 2008(U) --------------------------------------- PETITIONER: ------------------- STANLY JOHN, DRIVER (HC E 6794), M.T. WING, AR CAMP, KOCHI CITY (UNDER SUSPENSION), S/O. CHRISTUDAS, AGED 45, ANTHIKATTIL HOUSE, ELOOR EAST, UDYOGAMANDAL P.O., 683 501. BY ADV. SRI.S.SHYAM. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF HOME STATE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE INSPECTOR GENERAL OF POLICE, CENTRAL ZONE, ERNAKULAM. 3. CITY POLICE COMMISSIONER, COCHIN CITY. 4. SUB INSPECTOR OF POLICE, ELOOR POLICE STATION, ERNAKULAM DISTRICT. R1 TO R4 BY GOVT. PLEADER SRI. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. P.N.RAVINDRAN, J. ------------------------- W.P.(C.) No.32301 of 2008 --------------------------------- Dated, this the 11th day of November, 2008 J U D G M E N T Heard Sri.S.Shyam, the learned counsel appearing for the petitioner and Sri.P.Nandakumar, the learned Government Pleader appearing for the respondents. 2. The petitioner, a Police Constable (Driver) in the Kerala Police, was placed under suspension by Ext.P8 order dated 17/07/2008, passed by the Commissioner of Police, Kochi. He challenged Ext.P8 order of suspension in Ext.P9 appeal before the Inspector General of Police, Central Zone, Ernakulam. He, thereafter, filed WP(C) No.23033 of 2008 in this Court. By Ext.P10 judgment delivered on 11/08/2008, this Court disposed of the said writ petition with a direction to the appellate authority to consider the appeal and pass orders thereon within a period of two months from the date of receipt of a copy of the judgment. The appellate authority considered the appeal and passed Ext.P11 order upholding WP(C) No.32301/2008 -2- the order of suspension. This writ petition was thereafter filed challenging Ext.P8 order of suspension and Ext.P11 order passed by the appellate authority. After the writ petition was filed, the petitioner filed Ext.P12 review petition before the State Government invoking Rule 36A and 36B of the Kerala Police Departmental Inquiries, Punishment and Appeal Rules, 1958. 3. Though the petitioner has in this writ petition challenged Exts.P8 and P11 orders, when the writ petition came up for hearing today, the learned counsel for the petitioner submitted that, without expressing any opinion on the merits of the petitioner’s contentions, the State Government may be directed to consider Ext.P12 review petition and pass orders thereon, as expeditiously as possible, after affording the petitioner an opportunity of being heard. 4. The learned Government Pleader appearing for the respondents, on instructions submits that Ext.P12 review WP(C) No.32301/2008 -3- petition has been received by the Secretary to Government, Department of Home Affairs and that orders will be passed on Ext.P12 review petition expeditiously. 5. Having regard to the submissions made at Bar, and in view of the fact that the petitioner has availed a statutory remedy available to him, I dispose of the writ petition with a direction to the Secretary to Government, Department of Home Affairs, to consider and pass orders on Ext.P12 review petition, after affording the petitioner an opportunity of being heard. Final orders on Ext.P12 shall be passed within a period of two months from the date of receipt of a copy of this judgment. The contentions of the petitioner, on the merits, are left open. (P.N.RAVINDRAN, JUDGE) jg