IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.SURENDRA MOHAN THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 31762 of 2011(U) -------------------------------------- PETITIONER: ------------------- T.R.RAMACHANDRAN, (ASSISTANT COMMISSIONER OF COMMERCIAL TAXES, THODUPUZHA, (UNDER SUSPENSION)), 'SURYA GAYATHRI', MARKET P.O., MUVATTUPUZHA. BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY, SMT.N.SANTHA, SRI.K.A.BALAN, SRI.PETER JOSE CHRISTO, SRI.S.A.ANAND. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, TAXES DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. ADDITIONAL CHIEF SECRETARY TO GOVERNMENT, HOME AND VIGILANCE DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001. 3. THE DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM-695 033. 4. THE SUPERINTENDENT OF POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, SPECIAL CELL, ERNAKULAM, KATHRIKADAVU, PIN-682 032. R1 TO R4 BY SR. GOVERNMENT PLEADER SRI. E.M. ABDUL KHADIR. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).NO.31762/2011-U: APPENDIX PETITIONER'S EXHIBITS:- EXT.P1: TRUE COPY OF THE G.O.(RT)NO.307/2011/TD DATED 26/4/2011. EXT.P2: TRUE COPHY OF THE REPRESENTATION DATED 13/7/2011 SUBMITTED BY THE PETITIONER TO GOVERNMENT. EXT.P3: TRUE COPY OF THE REPRESENTATION DATED 20/9/2011 ADDRESSED TO THE ADDITIONAL CHIEF SECRETARY (HOME). RESPONDENTS' EXHIBITS:- NIL. //TRUE COPY// P.A. TO JUDGE Prv. K.SURENDRA MOHAN, J = = = = = = = = = = = = = WP(C).No.31762 of 2011-U. = = = = = = = = = = = = = Dated this the 15th December, 2011. J U D G M E N T The petitioner has filed this writ petition challenging Ext.P1 order dated 26.4.2011 placing him under suspension from service. The suspension order has been issued pursuant to a request by the Vigilance Department consequent upon the registration of a vigilance case against the petitioner alleging amassment of wealth disproportionate to his known sources of income. Though the petitioner had submitted Exts.P2 and P3 representations seeking revocation of his suspension, he complains that there was no response from the respondents. According to the petitioner, the investigation is almost over and therefore he has filed this writ petition seeking reinstatement in service. 2. A statement has been filed on behalf of WP(C).No.31762/2011-U. 2 respondents 3 and 4. In the statement, the following statements made on behalf of the said respondents. “The investigation reveals that the accused has not amassed any wealth disproportionate to his known sources of income. A Factual Report is prepared in this regard and submitted to the 4th respondent recommending no action against the accused. The 4th respondent forwarded the same to the 3rd respondent after scrutiny by the Addl.Legal Adviser, Thrissur.” 3. In view of the fact that the vigilance investigation has revealed that the petitioner has not amassed wealth disproportionate to his normal income, it has to be held that there is absolutely no justification for continuing the suspension of the petitioner. The respondents shall therefore take immediate steps to revoke the suspension of the petitioner. The petitioner is also entitled to have the period of his suspension regularised as duty. The respondents shall pass orders in this regard also, without delay. 4. This writ petition is, in the above circumstances, disposed of directing the first respondent to issue necessary WP(C).No.31762/2011-U. 3 orders revoking the suspension of the petitioner, as expeditiously as possible and at any rate within a period of two weeks from the date of receipt of a copy of this judgment. Necessary consequential orders for regularising the period of suspension shall also be issued immediately thereafter, at any rate within a period of two months from the date of receipt of a copy of this judgment. K.SURENDRA MOHAN, (Judge) Kvs/-