IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN FRIDAY, THE 19TH JUNE 2009 / 29TH JYAISHTA 1931 WP(C).No. 10764 of 2009(M) --------------------------------------- PETITIONERS: --------------------- 1. M.V.PRATHAPAN, HEAD CLERK, PALLIPURAM GRAMA PANCHAYATH, ERNAKULAM DISTRICT.(UNDER SUSPENSION) 2. ANANKADASAN.T.K.,SECRETARY, ORUMANAYUR GRAMA PANCHAYATH, TRICHUR DISTRICT.(UNDER SUSPENSION). BY ADVS. SMT.S.KARTHIKA, MR.M.S.UNNIKRISHNAN, SMT.K.P.GEETHA MANI, MR.M.R.ANISON, MR.P.N.APPUKUTTAN, MR.P.S.ABHISHEK. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REP.BY ITS SECRETARY TO GOVERNMENT, LOCAL SELF GOVT.DEPARTMENT, SECRETARIAT,TRIVANDRUM. 2. THE DIRECTOR OF PANCHAYATHS, TRIVANDRUM. R1 & R2 BY GOVT. PLEADER MR. P. NANDAKUMAR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.10764/2009-M: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DTD. 10/11/2008 ISSUED BY THE SECRETARY OF MAMPAD GRAMA PANCHAYATH. EXT.P.2: COPY OF THE AUDIT NOTE NO.4 DTD. 22/10/2008. EXT.P.3: COPY OF THE REPLY DTD. 10/12/2008 BY THE P.1. EXT.P.4: COPY OF THE REPLY DTD. 26/11/2008 BY THE P.2. EXT.P.5: COPY OF THE LETTER DTD. 03/11/2008 GIVEN BY LENISH. EXT.P.6: COPY OF THE LETTER DTD. 11/11/2008 GIVEN BY LENISH. EXT.P.7: COPY OF THE LETTER DTD. 21/11/2008 SENT BY LENISH. EXT.P.8: COPY OF THE LETTER DTD. 15/12/2008 ISSUED BY THE SECRETARY OF MAMPAD GRAMA PANCHAYATH. EXT.P.9: COPY OF THE RELEVANT PAGES OF THE WORK ORDER OF THE MAMPAD PANCHAYATH DTD. 05/05/2007. EXT.P.10: COPY OF THE LETTER DTD. 15/09/2007 ISSUED BY THE DEPUTY DIRECTOR OF PANCHAYATH, MALAPPURAM. EXT.P.11: COPY OF THE SUSPENSION ORDER DTD. 16/01/2009. EXT.P.12: COPY OF THE PETITION FILED RULE 10 (6) OF KERALA CIVIL SERVICES (CC & A) RULES DTD. 24/02/2009 BY THE PETITIONERS. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. Prv. P.N.RAVINDRAN, J. ------------------------------------- W.P.(C)No.10764 of 2009 -------------------------------------- Dated 19th June, 2009 JUDGMENT Heard Smt.V.P.Seemanthini, the learned counsel appearing for the petitioners and Smt.Anu Sivaraman, the learned Senior Government Pleader appearing for the respondents. 2. The petitioners are presently working as Head Clerk and Secretary respectively in the Kerala Panchayat Subordinate Service. They have filed this writ petition challenging Ext.P11 order dated 16.1.2009 passed by the Director of Panchayats placing them and others under suspension. The pleadings disclose that the petitioners have already moved the Government by submitting Ext.P12 representation dated 24.2.2009 seeking revocation of the order of suspension. When this writ petition came up for admission on 2.4.2009, this Court while admitting the writ petition directed the Government to consider Ext.P12 representation and pass orders thereon after affording the petitioners a reasonable opportunity of being beard. The Government was also directed to pass orders within six weeks from the date of receipt of a copy of the order. The respondents have filed I.A.No.7085 of 2009 seeking enlargement of WP(C).No.10764/2009 2 time by a further period of three months from 18.5.2009 to comply with the said direction. It is stated that pursuant to the directions issued by this Court, the petitioners were called to attend a hearing on 18.5.2009 and that though the first petitioner was represented by counsel, the second petitioner did not appear in person or through counsel. In my opinion, since the petitioners have already moved the Government seeking revocation of the order of suspension and as paragraph 17 of the Manual for Disciplinary Proceedings mandates that cases of employees continuing under suspension for more than six months have to be reviewed and as nearly five months have already passed after the petitioners were placed under suspension, the Government should consider Ext.P12 and pass orders thereon expeditiously. I accordingly dispose of this writ petition with a direction to the Secretary to Government, Local Self Government Department to consider Ext.P12 representation and pass orders thereon after notice to and affording the petitioners a reasonable opportunity of being heard. It is clarified that if the petitioners do not appear either in person or through their authorised representative, it will be open to the Government to dispose of Ext.P12 without affording them any further opportunity of being heard. Final orders on Ext.P12 shall be WP(C).No.10764/2009 3 passed expeditiously and in any event within two months from the date on which the petitioners produce a certified copy of this judgment before the Secretary to Government, Local Self Government Department. The contentions of the petitioners on the merits are kept open. P.N.RAVINDRAN Judge TKS