IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 16TH SEPTEMBER 2010 / 25TH BHADRA 1932 WP(C).No. 27747 of 2010(P) -------------------------- PETITIONER(S): --------------- K.KISHORE KUMAR, EXECUTIVE ENGINEER, PROJECT IMPLEMENTING UNIT (DISTRICT PANCHAYAT), COLLECTORATE, KANNUR. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE SECRETARY TO GOVERNMENT, WATER RESOURCES DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 3. THE CHIEF ENGINEER, OFFICE OF THE CHIEF ENGINEER, LOCAL SELF GOVERNMENT DEPARTMENT, THIRUVANANTHAPURAM-695 001. 4. THE DIRECTOR, VIGILANCE DEPARTMENT, THIRUVANANTHAPURAM-695 001. GOVT. PLEADER ARAVINDAKUMAR BABU.T.K. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/09/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ================== W.P.(C).No. 27747 of 2010 ================== Dated this the 16th day of September, 2010 J U D G M E N T This writ petition is filed challenging the suspension of the petitioner by Ext.P2 order. The petitioner was originally an employee of the Irrigation Department. Subsequently, he was absorbed in the Local Self Government Department. According to the petitioner, therefore, Ext.P2 order of suspension issued by the Secretary of the Water Resources Department is without jurisdiction insofar as the petitioner is not an employee of the Water Resources Department. 2. In view of the said contention, I directed the learned Government Pleader as follows on 7.9.2010. “The Govt. Pleader shall get instructions in the question of jurisdiction raised by the petitioner. According to the petitioner, the Secretary of the Water Resources Department has no power to suspend the petitioner since the petitioner is an employee of the Local Self Government Department. Post after a week.” 3. Today, the learned Government Pleader, on instructions, submits that Ext.P2 order was passed under the mistaken impression that the petitioner is still an employee of the Irrigation Department. In view of the said submission, it is clear that Ext.P2 order has been issued without jurisdiction. Accordingly, Ext.P2 is quashed. However, I make it clear that it would be open to the appropriate authority to take further proceedings in the matter. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge 2