IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 3RD DECEMBER 2008 / 12TH AGRAHAYANA 1930 WP(C).No. 35680 of 2008(V) --------------------------------------- PETITIONER(S): ----------------------- SUJATHA K.S., VILLAGE OFFICER (UNDER SUSPENSION) AYMANAM VILLAGE, RESIDING AT KUNNATHU HOUSE,AYMANAMAM PO, KOTTAYAM TALUK PIN 686 015. BY ADV. SRI.P.CHANDRASEKHAR RESPONDENT(S): -------------------------- 1. THE COMMISSIONER OF LAND REVENUE THIRUVANANTHAPURAM. 2. THE DISTRICT COLLECTOR, KOTTAYAM. BY GOVERNMENT PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J ----------------------------- W.P.(C) NO: 35680 of 2008 ----------------------------- Dated this 3rd day of December, 2008 JUDGMENT Heard Sri.P.Chandrasekhar, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner is presently working as Village Officer in Aimanam Village in Kottayam district. In relation to alleged acts of misconduct committed by her while she was working as Village Officer in Athirampuzha Village she was placed under suspension by Ext.P1 order dated 2-8-2008 issued by the District Collector, Kottyam. The petitioner contends that the irregularities alleged against her were committed by the Special Village Officer Smt.A.Bindu who was placed under suspension on 13-5-2008 and that when the irregularities committed by Smt.Bindu came to her notice she submitted a report to the Tahasildar, Kottayam who in turn brought it to the notice of the District Collector, Kottayam. The petitioner submits that it was after she was transferred from Athirampuzha to Aimananm that Ext.P1 order was passed, placing her under suspension. WPC:35680/2008 2 3. The pleadings disclose that aggrieved by Ext.P1 order of suspension, the petitioner has filed Exts.P4 and P5 representations before the Land Revenue Commissioner invoking Rule 10(6) of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 hereinafter referred to as the “Rules” for short, seeking revocation of the suspension. Rule 10(6) of the Rules stipulates that the order of suspension may at any time be revoked by the authority which passed the order of suspension or by any authority to which the authority which passed the order is subordinate. In the instant case, the order of suspension was passed by the District Collector. Therefore the Land Revenue Commissioner is competent to entertain and dispose of the representations filed by the petitioner under Rule 10(6) of the Rules seeking revocation of the suspension. Since the petitioner has already moved the Land Revenue Commissioner in Ext.P4 and P5 representations, it is for that authority to consider whether having regard to the facts set out by the petitioner in this writ petition and in Exts.P4 and P5 representations, the order of suspension is liable to be revoked. WPC:35680/2008 3 4. The petitioner was placed under suspension on 2-8-2008. More than four months have passed thereafter. In these circumstances, I dispose of the writ petition with a direction to the Land Revenue Commissioner to consider Exts.P4 and P5 representations and pass orders thereon within one month from the date on which the petitioner produces a certified copy of this judgment. Needless to say, the petitioner shall also be afforded a reasonable opportunity of being heard before orders are passed in the matter. The contentions of the petitioner on the merits are left open. P.N.RAVINDRAN, JUDGE bps