IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 4TH MARCH 2009 / 13TH PHALGUNA 1930 WP(C).No. 33945 of 2008(N) ----------------------------------------- PETITIONER(S): -------------------------- M.A.BERNNABAS, S/O.AYPPUKUTTY, 53 YEARS MANAKKIL HOUSE, KEEZHTHALI, KOTTAPPURAM PO., KODUNGALLUR, PRESENTLY WORKING AS JOINT BLOCK DEVELOPEMNT OFFICER )RURAL HOUSING), SULTHAN BATHERRY BLOCK, WAYANAD BY ADVS. MR.T.SETHUMADHAVAN MR.PUSHPARAJAN KODOTH RESPONDENT(S): -------------------------- 1. DEPUTY SECRETARY DEPARTMENT OF LOCAL ADMINIASTRATION ERB), THIRUVANANTHAPURAM. 2. V.V.BABY, VICE PRFESIDENT SULTHAN BATHERY BLOCK PANCHAYAT SULTHAN BATHERY PO. 3. STATE OF KERALA, REP. BY CHIEF SECRETARY TO GOVERNMENT, GOVT. OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 4. COMMISSIONER FOR RURAL DEVELOPMENT, THIRUVANANTHAPURAM. ADV. MR.P.C.SASIDHARAN FOR R2 GOVERNMENT PLEADER MR.ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 04/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.33945/2008 APPENDIX PETITIONERS EXHIBITS P1:- COPY OF THE RESOLUTION PASSED BY THE BLOCK PANCHAYATH COMMITTEE DECIDING TO RECOMMEND THE NAME IS SRI.K.DIVAKARAN TO THE POST OF JOINT B.D.O. (R.H.) DT. 7.12.07. P2:- COPY OF THE ORDER DT. 4.11.08 PASSED BYTHE IST RESPONDENT PLACING THE PETITIONER UNDER SUSPENSION BASED ON THE COMPLAINT FILED BY THE 2ND RESPONDENT DT. 18.10.08. P3:- COPY OF THE REPLY GIVEN BY THE BLOCK DEVELOPEMNT OFFICER DT. 11.11.08. /TRUE COPY/ P.A. TO JUDGE tss T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.33945 of 2008 -------------------------- Dated this the 4th March,2009 J U D G M E N T This writ petition is filed challenging Exhibit-P2 order of suspension. Petitioner was functioning as Joint Block Development Officer in Sulthan Bathery Block. Order of suspension was passed based on some complaints raised by the 2nd respondent. 2. This Court after hearing the matter passed an order on 30.1.2009 directing the Government to consider the revocation of suspension of the petitioner and reinstatement in service pending further enquiry within a period of three weeks from the date of production of copy of the order and pass an order accordingly. 3. Today, the learned Government Pleader produced before me a copy of the order G.O (Rt) No.468/09/LSGD dated 24.2.2009 passed by the Government whereby, after reconsidering the matter the Government has ordered reinstatement of the petitioner W.P ( C) No.33945 of 2008 2 in service pending further enquiry. 4. In that view of the matter, the writ petition is closed. Appropriate orders will be issued by the 4th respondent to implement the Government Order dated 24.2.2009 expeditiously, at any rate, within a period of two weeks from the date of receipt of a copy of this judgment, if the same has not been issued already. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.33945 of 2008 3 W.P ( C) No.33945 of 2008 4