IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 30TH JUNE 2009 / 9TH ASHADHA 1931 WP(C).No. 1117 of 2007(G) -------------------------------------- PETITIONER(S): ------------------------ N. SHAMSUL HUDA, DEPUTY CONSERVATOR OF FORESTS (NON-CADRE), SOCIAL FORESTRY EXTENSION, `VANASHREE', MATHOTTAM, KOZHIKODE. BY ADVS.MR.BABU JOSEPH KURUVATHAZHA MR.K.I.SAGEER RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPT. OF FORESTS & WILD LIFE, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. CHIEF CONSERVATOR OF FORESTS (ADMINISTRATION), FOREST HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-14 3. CHIEF CONSERVATOR OF FORESTS (DEVELOPMENT), FOREST HEADQUARTERS, VAZHUTHAKKAD, THIRUVANANTHAPURAM-14. R1 TO R3 BY SR. GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/06/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.1117 of 2007-G ------------------------------ Dated this the 30th day of June, 2009. J U D G M E N T Heard the learned counsel appearing on either side. 2. The petitioner has filed this writ petition seeking a writ in the nature of mandamus commanding the first respondent to regularize the period from 19.9.2002 to 15.10.2005, during which he was placed under suspension and to disburse to him salary and allowances and to grant him other service benefits during the said period. This writ petition was filed on 9.1.2007 contending that the disciplinary action initiated against the petitioner has not so far been finalized, though he was placed under suspension by Ext.P1 order dated 19.9.2002 and later reinstated in service on 15.10.2005 pursuant to Ext.P4 order dated 8.2.2005. 3. It is now brought into my notice that by Ext.P11 order dated 8.6.2009, the Government have exonerated the petitioner of all the charges levelled against him in Ext.P1 order of suspension. However the said order does not disclose the manner in which the period of suspension has to be regularized. Since the disciplinary action initiated against the petitioner has been finalised exonerating him of the charges, I am of the opinion that the Government should pass orders regarding the manner in which the period of suspension from 19.9.2002 W.P(C) No.1117 of 2007-G 2 to 15.10.2005 has to be regularized. Since the petitioner has already retired from service, I am of the opinion that the Government should pass expeditious orders in the matter. I accordingly dispose of this writ petition with a direction to the Government to pass consequential orders regarding the manner in which the period of suspension (19.9.2002 to 15.10.2005) has to be regularized. This shall be done within three months from the date on which the petitioner produces a certified copy of this judgment before the Government. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA TO JUDGE ab W.P(C) No.1117 of 2007-G 3