IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 26TH MARCH 2009 / 5TH CHAITHRA 1931 WP(C).No. 6517 of 2009(H) ------------------------- PETITIONER: --------------- MOHIYUDEEN @ THAHA, AGED 31 YEARS, S/O.SAITHU MUHAMMED, ULLIYATHU PALLARIMANGALAM, POTHANIKKADU, KOTHAMANGALAM, ERNAKULAM DIST. BY ADV. SRI.K.S.ARUN KUMAR RESPONDENTS: --------------- 1. STATE OF KERALA, REPREESENTED BY SECRETARY, TECHNICAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SENIOR JOINT DIRECTOR (ECS) DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. BY GOVT. PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.6517 of 2009-H ------------------------------ Dated this the 26th day of March, 2009. J U D G M E N T The petitioner, who is working as Tradesman in Govt. Technical High School, Vannapuram, was placed under suspension by Ext.P1 order dated 4.11.2008 passed by the Senior Joint Director of Technical Education on the ground that he was implicated and arrested in a criminal case. In this writ petition the petitioner challenges Ext.P1 order of suspension passed under Rule 10(3) of the Kerala Civil Services (Classification, Control and Appeal) Rules 1960 (hereinafter referred to as the ‘Rules’ for short). 2. Rule 22 of the Rules entitles the petitioner to prefer an appeal from Ext.P1 to the next higher authority, which in the case on hand is the Government. Rule 25 of the Rules states that the appeal has to be presented within two months. The appellate authority is also empowered to condone the delay and entertain the appeal if sufficient caus8e is shown for not filing the appeal within time. Rule 23 of the Rules states that the appeal shall be presented before the authority who passed the order appealed against. W.P(C) No.6517 of 2009-H 2 3. Under Rule 31 of the Rules, the Government is empowered to consider whether in the light of the provisions in Rule 10 and the facts and circumstances of the case the order of suspension is justified or not. I am therefore satisfied that the petitioner has an effective alternate remedy by way of an appeal before the Government. I accordingly dispose of this writ petition with the direction that in the event of the petitioner filing an appeal before the Government through the Senior Joint Director of Technical Education within two weeks from today, the Government shall consider the appeal and dispose of the same after notice to and affording the petitioner an opportunity of being heard within a period of one month from the date of receipt of the appeal. I further direct that the second respondent shall in the event of an appeal being filed as directed above, forward it to the Government at the earliest and in any event within one week from the date on which the appeal is submitted to him. The contentions of the petitioner on the merits are kept open. P.N.RAVINDRAN ab JUDGE