IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH AUGUST 2008 / 6TH BHADRA 1930 WP(C).No. 22417 of 2008(R) -------------------------- PETITIONER: ------------ J.KUMARI, ASSISTANT SALES WOMAN (U/S.) MAVELI STORE, PUNCHAVAYAL MUNDAKAYAM, KOTTAYAM. BY ADV. SRI.P.A.CHANDRAN RESPONDENTS: ------------- 1. REGIONAL MANAGER, KERALA STATE CIVIL SUPPLIS CORPORATION LTD., REGIONAL OFFICE CMS COLLEGE ROAD, KOTTAYAM. 2. KERALA STATE CIVIL SUPPLIES CORPORATION LTD., REP. BY ITS MANAGING DIRECTOR, MAVELI BHAVAN BY ADV. SMT.MOLLY JACOB,SC,SUPPLYCO FOR R1 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN,J. ------------------------- W.P ( C) No.22417 of 2008 -------------------------- Dated this the 28th August, 2008 J U D G M E N T The petitioner is an employee of the Kerala State Civil Supplies Corporation. She was placed under suspension by Exhibit-P7 order passed on 19.7.2007. Thereafter, Exhibit-P9 memo of charges was issued. The petitioner has thereupon submitted Exhibit-P10 interim reply. Prior to the issue of Exhibit-P9 memo of charges, yet another memo of charges, evidenced by Exhibit -P8 had also been issued. In this writ petition, the petitioner challenges Exhibit-P7 order of suspension and the memos of charges, evidenced by Exhibits P8 and P9. The petitioner also prays for a writ in the nature of mandamus directing the respondents to reinstate her in service and issue copies of the documents requested for by her in Exhibit-P10. 2. I have heard Sri. P.A Chandran, the learned counsel appearing for the petitioner. The prayer in this writ petition is essentially to set aside the memos of W.P ( C) No.22417 of 2008 2 charges, evidenced by Exhibits P8 and P9 and to quash the order of suspension. The Apex Court has in State of Punjab Vs. Ajith Singh [1997 (11) SCC 368] held that this Court exercising jurisdiction under Article 226 of the Constitution of India cannot go into the merits of the allegations levelled in the memos of charges, decide whether there is any material warranting disciplinary action against the employee and enter a finding as to whether on the facts there was justification to proceed against the employee. In the light of the authoritative pronouncement of the Apex Court in the aforesaid decision, I find no merit in the challenge to Exhibits P8 and P9. The petitioner is also aggrieved by the long and continued suspension. Exhibit- P7 order was passed as early as on 19.7.2007. The learned standing counsel appearing for the respondents submits that the petitioner has not till date moved for revocation of the order of suspension. The learned standing counsel further submits that if an appropriate representation is filed seeking revocation of the order of suspension, the same will be considered and a decision taken thereon, at the earliest and in any case within one month from the W.P ( C) No.22417 of 2008 3 date on which such a representation is filed. The petitioner has a further prayer that the respondents may be directed to furnish to her copies of the documents described in Exhibit-P10 so as to enable her to file a detailed reply to the memos of charges. As regards the said request, the learned standing counsel for the respondents submits that such of those documents described in Exhibit-P10 as are relevant for the subject matter of the inquiry will be made available to the petitioner for perusal and for taking extracts therefrom. In the circumstances, while repelling challenge to Exhibits P7, P8 and P9, I direct the respondents to consider and pass orders on the representation, if any, filed by the petitioner seeking revocation of the order of suspension, within two weeks from the date on which the petitioner makes such a representation and also permit the petitioner to peruse the documents referred to in Exhibit-P10 and take extracts therefrom. The Writ Petition is disposed of as above. (P.N.RAVINDRAN, JUDGE) ma W.P ( C) No.22417 of 2008 4 W.P ( C) No.22417 of 2008 5