IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 12TH DECEMBER 2008 / 21ST AGRAHAYANA 1930 WP(C).No. 36647 of 2008(K) -------------------------- PETITIONER(S): --------------- S.SIVANANDAN, ASSISTANT ENGINEER (UNDER SUSPENSION), KRP (KARAPPUZHA PROJECT), SECTION NO 2/1, KALPETTA, WAYANAD, (RESIDING AT NELLIVILA VEEDU, MULAVANA P.O., PULIPRA JUNCTION, KOLLAM 691 503. BY ADV. SRI.S.SANTHOSH KUMAR SMT.BABY JOSE RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REP. BY THE ADDL. CHIEF SECRETARY TO GOVT., WATER RESOURCES (GW) DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE CHIEF ENGINEER (I & A), THIRUVANANTHAPURAM. 3. THE CHIEF ENGINEER, PROJECT-1, KOZHIKODE, 4. EXECUTIVE ENGINEER, BSP SUB DIVISION, PADINJARETHARA, WAYANAD. GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12/12/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No.36647 of 2008 ====================================== Dated this the 12th day of December 2008 JUDGMENT Heard Sri.S.Santhosh Kumar, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner, an Assistant Engineer in the Irrigation Department was placed under suspension by Ext.P1 Government Order dated 24.9.2008 in connection with an accident which occurred on 26.1.2008 at the construction site of the Padinjarethara branch canal of the Banasura Sagar Project in Wayanad District. The petitioner has in Ext.P7 representation dated 25.11.2008 sought revocation of the suspension on the ground that though three workers were killed in an accident, the accident did not arise on account of any defect in the work or lack of supervision on his part. In this Writ Petition, the petitioner inter alia prays for a direction to the Government to consider Ext.P7 representation and pass orders thereon, after affording him an opportunity of being heard. 2. Rule 10(6) of the Kerala Civil Services (Classification, Control and Appeal) Rules 1960 states that the order of suspension may at any time be revoked by the authority who passed the order W.P.(C)No.36647/2008 2 of suspension. In the instant case, the order of suspension was passed by the Government on 24.9.2008. The petitioner has in Ext.P7 representation requested the Government to revoke the suspension and reinstate him in service. Whether the petitioner should continue to remain under suspension or not is primarily a matter for the Government to decide. Nearly three months have passed, after the petitioner was placed under suspension. The learned counsel appearing for the petitioner submits that though Ext.P7 representation was sent by registered post, and it was received in the office of the Additional Chief Secretary to Government, Water Resources Department on 26.8.2008, no orders have been passed thereon. In these circumstances, I dispose of the Writ Petition with a direction to the first respondent to consider the request made by the petitioner in Ext.P7 and take a decision thereon after affording him an opportunity of being heard. This shall be done within a period of two months from the date on which the petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE css/