IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 3RD MARCH 2010 / 12TH PHALGUNA 1931 WP(C).No. 31692 of 2009(F) ---------------------------------------- PETITIONER(S): ------------------------- V.RAMACHANDRAN, DEPUTY DIRECTOR OF EDUCATION, KASARGOD, RESIDING AT KULATHINGAL-SANKAR BHAVAN, KAMMANTHARA, VADAKKENCHERRY P.O., PALAKKAD. BY ADVS. MR.S.P.ARAVINDAKSHAN PILLAY, BY ADV.SMT.RESMI G. NAIR, MR.BRIJESH MOHAN, SMT.N.SANTHA MR.S.A.ANAND, MR.PETER JOSE CHRISTO, MR.RAMESH. C.R. RESPONDENT(S): --------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM. 3. K.M.SASEENDRAN UNNI, KRISHNA KRIPA, RAJAS COLONY, MANNARKKAD, PALAKKAD-678 582. 4. THE DIRECTOR, VIGILANCE & ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. R1,R2 & R4 BY GOVERNMENT PLEADER MR. SANDESH RAJA R3 BY ADV. MR.T.A.RAJAN THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 03/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.31692/2009 F APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF G.O.(RT) NO.1755/2008/G.EDN. DTD. 8/04/08 ISSUED BY THE 1ST RESPONDENT. P2: COPY OF G.O.(RT) NO.2103/08/G.EDN. DTD. 7/05/08 ISSUED BY THE 1ST RESPONDENT. P3: COPY OF REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DTD. 5/09/09. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss S. SIRI JAGAN, J. ~~~~~~~~~~~~~~~~~~~ W.P.(C). No. 31692 OF 2009 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 3rd day of March 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T The petitioner is a Deputy Director of Education and was suspended from service as per Ext.P1 order. The suspension was pursuant to a complaint filed by the 3rd respondent. The petitioner submits that the allegations against the petitioner on the basis of which, suspension has been ordered are baseless. However, presently the petitioner would be satisfied with a direction to the 1st respondent to consider and pass orders on Ext.P3, petition filed by the petitioner in this regard. 2. I have heard the counsel for the petitioner, the learned Government Pleader and counsel for the 3rd respondent. 3. When a petition is filed for review of suspension, it is the duty of the Government to consider the same and pass orders thereon. The petitioner submits that the W.P.(C). No. 31692 OF 2009 -2- petition has been represented against the vigilance enquiry also on the ground that the complaint was filed by the 3rd respondent due to personal animosity and not based on any real facts. 4. In the facts and circumstances of the case, I dispose of this writ petition with a direction to the 1st respondent to consider and pass orders on Ext.P3, as expeditiously as possible, at any rate within 3 months from the date of receipt of a copy of this Judgment, after affording an opportunity of being heard to the petitioner as well as the 3rd respondent. S. SIRI JAGAN JUDGE nl.