IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE THOTTATHIL B.RADHAKRISHNAN & THE HONOURABLE MR. JUSTICE S.S.SATHEESACHANDRAN MONDAY, THE 17TH MAY 2010 / 27TH VAISAKHA 1932 WP(C).No. 14203 of 2010(S) -------------------------- OA.337/2010 OF CENTRAL ADMINISTRATIVE TRIBUNAL,ERNAKULAM BENCH .................... PETITIONER(S): 1ST RESPONDENT ----------------------------------------------- STATE OF KERALA,REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. BY SENIOR ADVOCATE SRI.NAGESHWARA RAO, GOVERNMENT PLEADER SRI.P.SANTHOSH KUMAR. RESPONDENT(S): --------------- 1. TOMIN J.THACHANKARY IPS (KL-87), S/O.LATE JOSEPH THOMAS, AGED 46 YEARS, INSPECTOR GENERAL OF POLICE, KANNUR RANGE (UNDER SUSPENSION), RANGE HOUSE, NEAR MUNICIPAL OFFICE, KANNUR - 670002. 2. UNION OF INDIA, REPRESENTED BY ITS SECRETARY, MINISTRY OF HOME AFFAIRS, NEW DELHI-110001. ADV. SRI.O.V.RADHAKRISHNAN, SENIOR ADVOCATE FOR R1 SMT.K.RADHAMANI AMMA FOR R1 SRI.O.F.JUSTIN FOR R1 SRI.PRAKASH KESAVAN FOR R1 SRI.T.P.M.IBRAHIM KHAN,ASST.S.G OF INDI FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 17/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC14203/10 - 2 - APPENDIX PETITIONER'S EXHIBITS: EXT.P1 - TRUE COPY OF THE G.O.NO.2209/2010/GAD DT.30.3.2010. EXT.P2 - TRUE COPY OF THE LETTER OF THE ADGP DT.12.4.2010. EXT.P3 - TRUE COPY OF THE LETTER OF THE DGP, THIRUVANANTHAPURAM DT.12.4.2010. EXT.P4 - TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT DT.12.4.2010. EXT.P5 - TRUE COPY OF THE LETTER OF THE 1ST RESPONDENT DT.12.4.2010. EXT.P6 - TRUE COPY OF THE LETTER DT.31.3.2010 OF THE 1ST RESPONDENT. EXT.P7 - TRUE COPY OF THE POSTAL COVER RECEIVED IN THE THIRUVANANTHAPURAM POST OFFICE. EXT.P8 - TRUE COPY OF THE REPORT OF THE ADGP DT.13.4.2010. EXT.P9 - TRUE COPY OF THE REPORT OF THE DGP DT.15.4.2010. EXT.P10- TRUE COPY OF THE G.O.RT.6008/2009/GAD DT.18.8.2009. EXT.P11- TRUE COPY OF THE LETTER DT.7.3.2003 OF THE GOVERNMENT OF INDIA ADDRESSED TO ALL CHIEF SECRETARIES. EXT.P12- TRUE COPY OF THE G.O.RT.2799/2010/GAD DT.17.4.2010. EXT.P13- TRUE COPY OF THE O.A.NO.337/2010 FILED BEFORE THE CENTRAL ADMINISTRATIVE TRIBUNAL, ERNAKULAM BENCH WITH ANNEXURES A6, A7, A9, A10 AND A11. EXT.P14- TRUE COPY OF THE G.O.RT.4196/2009/GAD DT.15.6.2009. EXT.P15- TRUE COPY OF THE M.A.NO.350/2010 IN O.A.NO.337/2010 WITH ANNEXURES BEFORE THE CAT. EXT.P16- TRUE COPY OF THE ORDER DT.23.4.2010 IN O.A.NO.337/2010 BEFORE THE CAT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S.TO JUDGE. Thottathil B.Radhakrishnan & S.S.Satheesachandran, JJ. = = = = = = = = = = = = = = = = = = = = = = = = W.P(C).No.14203 of 2010-S = = = = = = = = = = = = = = = = = = = = = = = = Dated this the 17th day of May, 2010. Judgment Thottathil B.Radhakrishnan, J. 1.I.A.5996 of 2010 is allowed. 2.This writ petition is filed by the State of Kerala challenging an order passed by the Central Administrative Tribunal, Ernakulam Bench on an original application filed by the first respondent. He challenged an order placing him under suspension. The grounds of suspension, his defence to such grounds and the justification sought to be extended by the State Government are not matters on which this Court would make any comment at this point of time. This is because, WPC14203/10 -: 2 :- having regard to the deliberations during the hearing of this case, all sides deemed it appropriate that the Central Administrative Tribunal itself should have the opportunity to finally speak on the merits of the contentions of the first respondent, the applicant, as against the order of suspension. In this view of the matter, we also do not deem it necessary for us to go into the question of maintainability of this writ petition filed by the State of Kerala. Though various arguments have been addressed by the learned senior counsel appearing for the State of Kerala as also the learned senior counsel appearing for the first respondent touching various aspects, including the maintainability of the writ petition, the sustainability of the order of the Tribunal which is impugned in this writ petition and other matters, including the merits of the rival contentions, we deem it appropriate to keep off from stating any further since if this Court were to go into the matter on its merits and decide WPC14203/10 -: 3 :- the issue finally, it would only stultify and render infructuous the proceedings now pending before the Tribunal at the instance of the first respondent, the applicant. 3.Not only that, there is considerable confusion as to whether the parties had sufficient opportunity to place the entire materials they wanted to, before the Tribunal. We find that the State Government attempts to place different materials before this Court and also would contend that it did not have sufficient opportunity before the Tribunal. Though this is refuted by the first respondent, we do not wish to go further into that. 4.The case in hand deals with an order of suspension passed against a member of the Indian Police Service in the Kerala cadre. He holds fairly a high office in the State Police. It would never be in his interest nor in the interest of the State Government to drag on the WPC14203/10 -: 4 :- matter any further. The learned counsel appearing for the first respondent, the applicant, has also sounded that this is a case that has attracted considerable media attention and any remark or observation by this Court in this judgment would have far reaching effect on the decision-making- process of the Tribunal. We are clear in our mind that no tribunal or court would be swayed by the observations in the media because primarily they are bound to decide matters on the basis of materials and pleadings that are placed before the court or tribunal. 5.For the aforesaid reasons, clarifying that this Court has not expressed anything on the merits of the matter, we direct that the writ petitioner State of Kerala will complete its pleadings before the Central Administrative Tribunal on or before 24th May, 2010, without fail; the first respondent, the applicant would have a couple of days to file his further reply or rejoinder, if any; the State of Kerala would, if needed, place WPC14203/10 -: 5 :- further pleadings immediately so that the Tribunal will make every endeavour to finally hear the parties on the original application preferably on the 28th of May, 2010 to which day, it is submitted, the proceedings are listed before the Tribunal for final hearing. Normally, it is not the practice of this Court to fix the board of a Tribunal. But, we deem it appropriate, having regard to the totality of the facts and circumstances, to request the Tribunal to make endeavour to complete final hearing of the matter by taking up the case on 28.5.2010 itself so that final orders could be pronounced at the earliest. In the aforesaid view of the matter, the undertaking given by the first respondent before this Court on 4.5.2010 that he would not insist for reinstatement as directed in the impugned order till 17.5.2010 and that he would not move any petition for contempt for non-compliance of the direction in the said order under challenge till then, would stand extended for a period of WPC14203/10 -: 6 :- four weeks or till such time the Tribunal delivers its final order, whichever is earlier. The writ petition ordered accordingly. Sd/- Thottathil B.Radhakrishnan, Judge. Sd/- S.S.Satheesachandran, Judge. Sha/1705