IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN MONDAY, THE 20TH DECEMBER 2010 / 29TH AGRAHAYANA 1932 WP(C).No. 35109 of 2010(K) ---------------------------------------- PETITIONER(S): ---------------------- A.RADHAKRISHNAN POTTI, SANTHI, TRAVANCORE DEVASWOM BOARD, PACHAYYAM DEVASWOM, CHEZHUGANNOOR SUB GROUP, NEYYATTINKARA. BY ADV. SRI.D.KISHORE SMT.MINI GOPINATH RESPONDENT(S): --------------- 1. THE TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS COMMISSIONER, NANTHANCODE, THIRUVANANTHAPURAM-6950O1. 2. THE COMMISSIONER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695001. 3. THE DEPUTY DEVASWOM COMMISSIONER (ADMINISTRATION), TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695001. 4. THE ASSISTANT DEVASWOM ACCOUNTS OFFICER, TRAVANCORE DEVASWOM BOARD, NANTHANCODE, THIRUVANANTHAPURAM-695001. 5. THE SUB GROUP OFFICER, CHEZHAGANNOOR SUB GROUP, TRAVANCORE DEVASWOM BOARD NEYYATTINKARA, THIRUVANANTHAPURAM DISTRICT-695001. BY SRI.P.G.PARAMESWARA PANICKER, SENIOR ADVOCATE BY ADV.SRI.P.GOPAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss S. SIRI JAGAN, J. - - - - - - - - - - - - - - - - - - - - - - - W.P.(C)No.35109 of 2010 - - - - - - - - - - - - - - - - - - - - - - - Dated this the 20th day of December, 2010 J U D G M E N T The petitioner is a Santhi in Pachayyam Devaswom, Chezhugannoor Sub Group, Neyyattinkara under the Travancore Devaswom Board. He was under suspension from 30.12.2003 to 24.05.2005 and was reinstated. Again he was placed under suspension from 07.07.2005 and was reinstated on 24.12.2009. Subsequently, Ext.P9 memo of charges has been issued to the petitioner. Further by Ext.P10 order the period of suspension has been treated as period of leave without allowances and the subsistence allowance was ordered to be recovered from him. The petitioner seeks the following reliefs: “a. Call for the records leading to the passing of Exhibit P10 and quash the same to the extent it directs the recovery of subsistence allowance paid to the petitioner during the period of his suspension from 30.12.2003 to 24.05.2005 by issuing a writ of certiorari or any other appropriate writ, direction or order. b. issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to complete the enquiry proceedings initiated against the petitioner on the basis of Exhibit P9 as expeditiously as possible. W.P.(C)No.35109 of 2010 -2- c. issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents to disburse the subsistence allowance payable to the petitioner during the period of his suspension from 7.7.2005 till reinstatement with 12% interest therein and also to disburse the pay revision benefits to the petitioner as expeditiously as possible.” On 8.12.2010, I passed the following interim order: “Admit. The learned standing counsel takes notice on behalf of the respondents. There would be an interim stay of recovery of any part of the subsistence allowance paid to the petitioner during the first period of suspension. There would also be a direction to the respondents to see that the subsistence allowance due to the petitioner for the period of suspension from 7.7.2005 till 24.12.2009 is paid within one month from the date of receipt of a copy of this order. The learned standing counsel shall get instructions as to within what time, the pending disciplinary proceedings against the petitioner can be completed. Post after a week.” Today, the learned standing counsel for the Devaswom Board submits that, they would require two more months' time to complete the disciplinary proceedings. In the above circumstances confirming the interim, order I dispose of this writ petition with a further direction to the respondents to complete the disciplinary proceedings against the petitioner within a period of two months from the date of receipt of a copy of this judgment. Needless to say that the petitioner shall co-operate with the enquiry and be ready to W.P.(C)No.35109 of 2010 -3- participate in the enquiry whenever the enquiry is posted. The challenge against recovery of the subsistence allowance is left open to be taken up by the petitioner after the disciplinary proceedings are over. Till then recovery shall not be made. S. SIRI JAGAN JUDGE shg/