IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN TUESDAY, THE 18TH MARCH 2008 / 28TH PHALGUNA 1929 WP(C).No. 8794 of 2008(V) ------------------------- PETITIONER: ------------ G.DANIEL, DEPUTY GENERAL MANAGER-III (IN-CHARGE) (UNDER SUSPENSION) KOLLAM DISTRICT CO-OPERATIVE BANK LTD. H.O.KOLLAM, RESIDING AT 'DAHILA' AMBALATHUMKALA P.O., EZHUKONE VIA. -691 505. BY ADV. SRI.P.SANKARANKUTTY NAIR SRI.T.V.AJAYAKUMAR RESPONDENTS: ------------- 1. THE PART TIME ADMINISTRATOR KOLLAM DISTRICT CO-OPERATIVE BANK LTD. KOLLAM H.O. -691 001. 2. THE GENERAL MANAGER KOLLAM DISTRICT CO-OPERATIVE BANK LTD KOLLAM. 3. THE REGISTRAR OF CO-OPERATIVE SOCIETIES THIRUVANANTHAPURAM. 4. STATE OF KERALA, REP. BY SECRETARY TO THE GOVERNMENT, DEPARTMENT OF CO-OPERATION SECRETARIAT, THIRUVANANTHAPURAM. BY ADV. SMT. ANU SIVARAMAN, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: THOTTATHIL B. RADHAKRISHNAN, J = = = = = = = = = = = = = = = = = = = = = = W.P.(C).No. 8794 OF 2008-V = = = = = = = = = = = = = Dated this the 18th day of March, 2008. = = = = = = = = = = = = = = = = = = = = J U D G M E N T The petitioner while working as the Deputy General Manager of the Kollam District Co-operative Bank, was placed under suspension by the 1st respondent, the Part Time Administrator, on certain grounds of indiscipline. Memo of charges are yet to be issued to him. He was placed under suspension around six months ago. The period of suspension cannot be inordinately delayed. If the period of suspension continues beyond the certain period in terms of the statutory rules, the petitioner can seek cancellation of the suspension. 2. Having regard to the fact that the subsistence allowance was not released, on instructions, it is submitted that, the pay order has been despatched for amounts as calculated by the respondents. It is pointed out that the employer has effected deduction of Income Tax, certain other amounts to other loans and amounts due to the bank. Prima facie, there is no law which prohibits such deductions. W.P.(C).No. 8794 OF 2008 2 3. Obviously, enquiry has to be conducted to the allegation against the petitioner if the respondents intend to do so. 4. Having regard to what is stated above, this writ petition is disposed of directing that the subsistence allowance after deductions as made by the 1st respondent shall be released and such payments shall continue, so long as the petitioner is under suspension. If the petitioner has any grievance with regard to the quantum of subsistence allowance, he may work out his remedy before the appropriate authority. However, it is directed that the respondent shall ensure that the disciplinary proceedings shall be completed within an outer limit of 6 months, as the petitioner is due to retire on 31.5.2009. THOTTATHIL B. RADHAKRISHNAN JUDGE bkn/-