IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 1ST MARCH 2010 / 10TH PHALGUNA 1931 WP(C).No. 31339 of 2009(J) -------------------------- PETITIONER(S): --------------- MADHUKUMAR, ASSISTANT EXECUTIVE ENGINEER, L.S.G.D., CHAVARA BLOCK, KOLLAM DISTRICT. (UNDER SUSPENSION) SOPANAM, VADAKKADATHUKAVU P.O., ADOOR. BY ADV. SRI.K.SASIKUMAR RESPONDENT(S): --------------- 1.STATE OF KERALA REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT HOME AND VIGILANCE DEPARTMENT GOVERNMENT OF KERALA GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. SECRETARY TO THE GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. DIRECTOR, VIGILANCE AND ANTI-CORRUPTION BUREAU, THIRUVANANTHAPURAM. BY GOVERNMENT PLEADER SRI. ARAVIND KUMAR BABU FOR R1-3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01/03/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: Ext.P1: True copy of the G.O.(Rt>) No.916/2009/LSGD dated 18.4.2009 issued by the 2nd respondent. Ext.P2: True copy of the judgment dated 28.4.2009 passed by this Hon'ble Court in W.P.(C) No.12835/2009. Ext.P3: True copy of the representation dated 5.6.2009 submitted by the petitioner before the 2nd respondent. Ext.P4: True copy of the G.O.(Rt.)No.2256/09/LSGD dated 31.8.09 issued by the 2nd respondent. Ext.P5: True copy of the application for information dated 3.8.2009 and the reply to each query supplied by the Public Information Officer of the 3rd respondent. Ext.P6: True copy of the information dated 20.8.2009 furnished by the Pallickal Grama Panchayat under Right to Information Act. RESPONDENTS' EXHIBITS: NIL C.T. RAVIKUMAR,J - - - - - - - - - - - - - - - - W.P(C) No.31339 OF 2009 - - - - - - - - - - - - - - - - - - - - Dated this the 1st day of March, 2010 JUDGMENT The petitioner is an Assistant Executive Engineer under the Local Self Government Department. He was placed under suspension as per Ext.P1 order dated 18.4.2009. Feeling aggrieved by Ext.P4, the petitioner has filed a representation and the same was considered by the first respondent and was rejected as per Ext.P4. The said representation was considered pursuant to a direction by this court in WP(C) No.12835/2009. This Writ Petition is filed challenging the Ext.P4 order dated 31.8.2009 and also for a consequential direction to the respondent to reinstate the petitioner into service pending VC 2/09/PTA initiated against him, in the light of the recommendation from the 3rd respondent and also in view of the facts as revealed from Ext.P6. Ext.P6 is the information obtained by the petitioner on his application under the Right to Information Act. According to the petitioner, the information thus gathered by the petitioner would reveal that the allegations levelled against him are absolutely unsustainable. 2. Learned Government Pleader, upon instruction, submitted that a report was submitted on 2.11.2009 by the investigating officer W.P.(C).NO.31339/2009 2 in the aforesaid vigilance case and it carries a recommendation also and therefore, it is up to the Suspension Review Committee to take a decision after considering the report submitted by the investigating officer on 2.11.2009. In view of the fact that the petitioner has been under suspension from 18.4.2009 onwards, there shall be a direction to the first respondent to consider the claim of the petitioner for reinstatement based on the report submitted by the investigating officer on 2.11.2009 and also the recommendation made there under. The same shall be considered in the next sitting of the Suspension Review Committee. The Writ Petition is accordingly disposed of C.T. RAVIKUMAR, JUDGE jma C.T. RAVIKUMAR, J. W.P.(C)NO. 31339/2009 JUDGMENT 1ST MARCH, 2010