IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 26TH AUGUST 2011 / 4TH BHADRA 1933 WP(C).No. 23225 of 2011(C) ------------------------------------------ PETITIONER(S): ------------------------ SIBU A.RAJ, EXCISE GUARD, EXCISE CIRLCE OFFICE, ATTINGAL, RESIDING AT A.R.VILLA, PERINGUZHI P.O., THIRUVANANTHAPURAM DISTRICT-695 305. BY ADVS. SRI.P.K.MUHAMMED, SRI.S.VIJI. RESPONDENT(S): --------------------------- 1. JOINT COMMISSIONER OF EXCISE, SOUTH ZONE, THIRUVANANTHAPURAM-695 005. 2. CIRCLE INSPECTOR OF EXCISE, ATTINGAL, THIRUVANANTHAPURAM-695 005. R1 & R2 BY GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.23225/2011 C APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THE ORDER DTD. 31/01/2011 ISSUED BY THE 2ND RESPONDENT. P2: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss C.T. RAVIKUMAR, J. = = = = = = = = = = = = = WP(C).No.23225 of 2011-C. = = = = = = = = = = = = = = Dated this the 26th August, 2011. J U D G M E N T The petitioner was placed under suspension as per Ext.P1 order dated 31.1.2011 while working as Excise Guard in Excise Circle Office, Attingal. On 7.7.2011 the petitioner has submitted Ext.P2 representation for reviewing the said order of suspension. Despite its receipt the same was not taken up for consideration. It is in the said circumstances that this writ petition has been filed mainly with a prayer to quash Ext.P1 or in the alternative to direct the respondents to consider Ext.P2 representation. Ext.P1 would reveal that, earlier, the petitioner was placed under suspension as per order No.SZ1-1727/10 dated 25.3.2010 on the allegation of acceptance of bribe. While under suspension he involved in a murder case registered as Crime No.366/10 of Chirayinkeezhu Police Station under Section 302 and 34 of the India Penal Code and he is WP(C).No.23225/2011-C. 2 arrayed therein as the first accused. In connection with the said crime he was arrested and remanded in judicial custody. Ext.P1 dated 31.1.2011 was issued in the said circumstances. Ext.P1 can only be an order passed under Rule 10(1)(b) of the Kerala Civil Services (Classification, Control & Appeal) Rules. Evidently the petitioner has already moved Ext.P2 representation dated 7.7.2011 presumably under Rule 10(6) of the KCS (CC & A) Rules. In the said circumstances I am inclined to dispose of this writ petition with a direction to the second respondent to consider and pass orders on Ext.P2 expeditiously, at any rate, within one month from the date of receipt of a copy of this judgment. It is made clear that this Court has not made any observation with respect to claim of the petitioner for reinstatement. C.T. RAVIKUMAR, (Judge) Kvs/-