IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 10TH MARCH 2008 / 20TH PHALGUNA 1929 WP(C).No. 22262 of 2003(A) -------------------------- PETITIONER: ------------ S.OM PRAKASH, AKKANATTU VEEDU, ALUKKADAVU P.O., KARUNAGAPPALLY, KOLLAM DISTRICT. (RETIRED SUB GROUP OFFICER, UPARIKUNNAM DEVASWOM, KOLLAM GROUP) BY ADV. SRI.K.SASIKUMAR RESPONDENTS: ------------- 1. TRAVANCORE DEVASWOM BOARD, REPRESENTED BY ITS SECRETARY, THIRUVANANTHAPURAM. 2. ASSISTANT COMMISSIONER, TRAVANCORE DEVASWOM BOARD, KOLLAM GROUP, KOLLAM. BY ADV. SRI.K.N.VENUGOPALA PANICKER, SC, TDB THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE NOTICE DATED 13.2.2003 ISSUED BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE EXPLANATION DATED 3.3.2003 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE ORDER DATED 30.4.2003 ISSUED BY THE FIRST RESPONDENT. RESPONDENTS' EXHIBITS: NIL. TRUE COPY P.S. TO JUDGE. C .N. RAMACHANDRAN NAIR & T.R. RAMACHANDRAN NAIR, JJ. -------------------------------------------- W.P.C. No. 22262 OF 2003 -------------------------------------------- Dated this the 10th day of March, 2008 JUDGMENT C.N. Ramachandran Nair,J. The prayer in the W.P.C. is for direction to the Devaswom Bosard to treat the petitioner as regular in service during the period of his suspension pending enquiry on charges of misappropriation. In fact in the enquiry petitioner was found guilty and was imposed certain punishments. We do not know on what basis petitioner can claim the period of suspension as regular service. We feel such a relief can be granted only if the petitioner was discharged of all the charges and not when he is found guilty. W.P.C. is devoid of any merit and is dismissed. (C.N.RAMACHANDRAN NAIR) Judge. (T.R.RAMACHANDRAN NAIR) Judge. kk 2