IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE V.GIRI WEDNESDAY, THE 23RD JULY 2008 / 1ST SRAVANA 1930 WP(C).No. 21896 of 2008(F) -------------------------- PETITIONER: ------------ V.SUGUTHAN, CIRCLE INSPECTOR OF POLICE (UNDER SUSPENSION), ANCHAL POLICE STATION, ANCHAL, KOLLAM DISTRICT, RESIDING AT QUARTER NO.I, POLICE QUARTERS, ASRAMOM, KOLLAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.SAIJO HASSAN SRI.A.S.SABU RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF GENERAL OF POLICE, KERALA, POLICE HEADQUARTERS, THIRUVANANTHAPURAM. 3. INSPECTOR GENERAL OF POLICE, THIRUVANANTHAPURAM RANGE, THIRUVANANTHAPURAM. 4. THE SUPERINTENDENT OF POLICE, KOLLAM. BY GP SRI. NANDAKUMAR THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: V.GIRI, J ------------------- W.P.(C).21896/2008 -------------------- Dated this the 23rd day of July, 2008 JUDGMENT Petitioner, who is a Circle Inspector of Police, is aggrieved by Ext.P8 order of transfer by which he was transferred out of Anchal in Kollam District without a specific posting and Ext.P9 order passed by the Director General of Police suspending him from service. Several grounds have been taken in the writ petition challenging the order of suspension. When the matter came up for admission, it was suggested to the learned counsel for the petitioner that since there is an alternate appellate remedy available in relation to Ext.P9 order of suspension, it would be appropriate that the petitioner avails the same. Accordingly, Ext.P19 appeal has been filed by the petitioner on 22.7.2008. Same is to be considered and disposed of by the Government under Rule 23(b) of the Kerala Police Departmental Inquiries Punishment and Appeal Rules, 1958. 2. The appeal has been presented before the DGP as W.P.(C).21896/2008 2 required to be done. But it is to be considered by the Government. 3. In the result, writ petition is disposed of directing the second respondent to forward Ext.P19 to the Government within one week from the date of receipt of a copy of this judgment, if not already done. First respondent, Government, shall hear the petitioner and pass orders on Ext.P19 within four weeks from the date of receipt of appeal memorandum from the DGP. Copy of the writ petition along with the copy of I.A.9538/2008 shall be produced by the petitioner, along with the certified copy of the judgment before the first respondent. Copy of the judgment shall be independently produced by the petitioner before the second respondent. V.GIRI, Judge mrcs