IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 20651 of 2011(F) -------------------------------------- PETITIONER: ------------------- B. MAHESH, U.D.CLERK, (UNDER SUSPENSION), TALUK OFFICE, MUVTTUPUZHA. BY ADVS. SMT.I.SHEELA DEVI, SMT.K.A.ANITHA. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY ITS ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, DEPARTMENT OF REVENUE, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DISTRICT COLLECTOR, COLLECTORATE, COLLECTORATE, ERNAKULAM – 682 030. 3. TAHSILDAR, MUVATTUPUZHA – 686 661. 4. CHIEF ELECTORAL OFFICER, KERALA, LEGISLATIVE COMPLEX, THIRUVANANTHAPURAM-695 033. R1 TO R3 BY GOVT. PLEADER SMT. SMITHA SUKUMAR, R4 BY SRI.MURALI PURUSHOTHAMAN, S.C. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.20651/2011-F: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER E4-23705/11 DTD. 26/04/2011 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.2: COPY OF THE NO.A1-3180/11 DTD. 02/05/2011 ISSUED BY THE R.3 TO THE PETITIONER. EXT.P.3: COPY OF THE MEMO NO.A1-4/11 DTD. 20/04/2011 ISSUED BY THE R.3. TO THE PETITIONER. EXT.P.4: COPY OF THE REPLY SUBMITTED BY THE PETITIONER DTD. 20/04/2011 BEFORE THE R.3. EXT.P.5: COPY OF THE COMPLAINT SUBMITTED BY SRI. SALIM PENI DTD. 20/04/2011 BEFORE THE R.4. EXT.P.6: COPY OF THE REPLY DTD. 23/04/2011 SUBMITTED BY SRI. BINU.P.D BEFORE THE R.3. EXT.P.7: COPY OF THE STATEMENT DTD. 23/04/2011 SUBMITTED BY THE DEPUTY TAHSILDAR BEFORE THE R.D.O. EXT.P.8: COPY OF THE STATEMENT DTD. 25/04/2011 SUBMITTED BY THE R.3. BEFORE THE R.D.O. EXT.P.9: COPY OF THE STATEMENT DTD. 23/04/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.D.O. EXT.P.10: COPY OF THE COMPLAINT DTD. 25/04/2011 SUBMITTED BY SRI. BINU.P.D, COMPUTER OPERATOR BEFORE THE R.3. EXT.P.11: COPY OF THE REPORT NO. E1-1203/11 DTD. 25/04/2011 SUBMITTED BY THE R.3. BEFORE THE R.2. EXT.P.12: COPY OF THE REPORT DTD. 26/04/2011 SUBMITTED BY THE R.D.O. BEFORE THE R.2. EXT.P.13: COPY OF THE REPORT SUBMITTED BY THE COMPUTER PROGRAMMER DTD. 28/04/2011 BEFORE THE R.2. EXT.P.14: COPY OF THE INTIMATION NO. E4-23705/2011 DTD. 02/05/2011 FORWARDED BY THE R.2. BEFORE THE SECRETARY, STATE ELECTION COMMISSION, THIRUVANANTHAPURAM. EXT.P1.5: COPY OF THE REPRESENTATION DTD. 03/05/2011 SUBMITTED BY THE PETITIONER BEFORE THE R.2. W.P.(C). NO.20651/2011-F: EXT.P.16: COPY OF THE SWORN IN STATEMENT ADDUCED BY THE PETITIONER BEFORE THE ENQUIRY OFFICER. EXT.P.17: COPY OF THE SWORN IN STATEMENT SUBMITTED BY THE ELECTION DEPUTY TAHSILDAR, MUVATTUPUZHA BEFORE THE ENQUIRY OFFICER. EXT.P.18: COPY OF THE SWORN IN STATEMENT SUBMITTED BY THE TAHSILDAR, MUVATTUPUZHA BEFORE THE ENQUIRY OFFICER. EXT.P.19: COPY OF THE SWORN IN STATEMENT SUBMITTED BY THE COMPUTER OPERATOR BEFORE THE ENQUIRY OFFICE. EXT.P.20: COPY OF THE REPORT DTD. 09/06/2011 SUBMITTED BY THE ENQUIRY OFFICER BEFORE THE R.2. EXT.P.21: COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATION AS PER E4-23705/2011 DTD. 09/07/2011 ISSUED BY THE R.2. TO THE PETITIONER. EXT.P.22: COPY OF THE REPLY SUBMITTED BY THE PETITIONER BEFORE THE R.2. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. C.T. RAVIKUMAR, J - - - - - - - - - - - - -- - - - - - - - - - - - - - - - W.P(C) No. 20651 OF 2011 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2011 J U D G M E N T In view of the order I propose to pass in this writ petition, I do not think it necessary to narrate the facts in detail. The petitioner was placed under suspension as per Ext.P1 dated 26.4.2011. Feeling aggrieved by the order of suspension he has preferred Ext.P15 before second respondent. Since Ext.P15 was filed before the same authority who had passed Ext.P1 it can only be construed as a petition filed under Rule 10(6) of Kerala Civil Services(classification, control & Appeal)Rules. In the said circumstances, without making any observation as to the merit of the contentions raised by the petitioner as also in Ext.P15 representation, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P15, expeditiously, at any rate, within a period of three weeks from the date of receipt of copy of this judgment. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge