IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 31ST JULY 2009 / 9TH SRAVANA 1931 WP(C).No. 11683 of 2009(E) -------------------------------- PETITIONER: -------------- K.C.KUNHAMMED,AGED 55 YEARS, HEAD ACCOUNTANT (UNDER SUSPENSION), GOVERNMENT ENGINEERING COLLEGE, WAYANAD. BY MR.T.RAMPRASAD UNNI, ADVOCATE. MS.SMITHA GEORGE, ADVOCATE. RESPONDENTS: ------------------ 1. DIRECTORATE OF TECHNICAL EDUCATION, REP.BY ITS DIRECTOR,THIRUVANANTHAPURAM. 2. PRINCIPAL,GOVERNMENT ENGINEERING COLLEGE,WYNAD. BY MS. T.B. REMANI, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 31/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 11683/2009 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER OF SUSPENSION DTD. 2.3.07. EXT. P2 : COPY OF MEMO OF CHARGES DTD. 28.6.07 ISSUED TO PETITIONER. EXT. P3 : COPY OF REPLY DTD. 16.7.07 TO MEMO OF CHARGES MADE BY THE PETITIONER. EXT. P4 : COPY OF NOTICE DTD. 17.4.07 ISSUED TO THE PETITIONER FOR ATTENDING THE ENQUIRY. EXT. P5 : COPY OF MEMO OF CHARGES DTD. 11.2.08 ISSUED TO PETITIONER AFTER THE ENQUIRY. EXT. P5(a) : COPY OF STATEMENT OF ALLEGATIONS SERVED ALONG WITH EXT P5. EXT. P6 : COPY OF REPLY DTD. 21.2.08 TO EXT. P5 MEMO OF CHARGES MADE BY THE PETITIONER. *EXT. P7 : COPY OF ENQUIRY REPORT OBTAINED BY PETITIONER UNDER THE R.I. ACT. * SUBSTITUTED AS: COPY OF ENQUIRY REPORT ALONG WITH COVERING LETTER DTD. 3.3.2008. (EXT. P7 SUBSTITUTED AS PER ORDER DTD. 17.6.09 IN I.A.6715/09). EXT. P8 : COPY OF ORDER DTD. 12.01.09 SEEKING RECOVERY OF AN AMOUNT OF RS.15,170/- FROM THE PETITIONER. EXT. P9 : COPY OF REPRESENTATION DTD. 24.2.09 MADE BY PETITIONER TO RESPONDENT, DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM, SEEKING REINSTATEMENT BACK IN SERVICE. EXT. P9(a) : COPY OF COVERING LETTER FOR EXT. P9 DISPATCHED UNDER PROPER CHANNEL. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.11683 OF 2009 --------------------------------------- Dated this the 31st day of July, 2009. J U D G M E N T The petitioner who was working as Head Accountant in the Government Engineering College, Wayanad was suspended from service on various allegations like defalcation of Government money and stipend to students. Exhibit P1 is the copy of the order of suspension. Thereafter, as per Exhibit P2, memo of charges were issued, which was duly replied as per Exhibit P3. 2. Exhibit P4 shows that the petitioner was directed to attend an enquiry on 19.04.2007, and again by Exhibits P5 and P5(a) memo of charges and statement of allegations were issued to him. It was contended that the petitioner is innocent in the matter. Accordingly, the petitioner seeks for a direction to the respondents to reinstate him in service. 3. Exhibit P7 is a copy of the enquiry report dated 03.03.2008. The petitioner was later issued with Exhibit P8 by which an amount of Rs.15,170/- was sought to be recovered. It W.P.(C) No.11683/2009 2 is submitted that the said amount was paid also. By Exhibit P9, the petitioner sought for reinstatement in service since the enquiry was completed. Since the enquiry report was duly submitted, what remains is completion of disciplinary action. The petitioner submits that the continued suspension is not required as enquiry itself was over. The respondents will take appropriate action to finalize the disciplinary action against the petitioner within a period of three months from the date of receipt of a copy of this judgment. Whether the petitioner is to be reinstated in service is upto the competent respondent to take a decision. The petitioner will be free to challenge the contents in Exhibit P7 enquiry report before the authorities concerned. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp