IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 2ND MARCH 2009 / 11TH PHALGUNA 1930 WP(C).No. 4091 of 2009(K) ------------------------- PETITIONER: --------------- T.K.SURENDRAN NAIR, S/O.GOPALAN NAIR, SENIOR INSPECTOR (UNDER SUSPENSION), LEGAL METROLOGY, THODUPUZHA, IDUKKI DISTRICT. BY ADV. SRI.T.A.UNNIKRISHNAN RESPONDENTS: --------------- 1. THE GOVERNMENT OF KERALA REPRESENTED BY SECRETARY, CONSUMER AFFAIRS DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE CONTROLLER, LEGAL METROLOGY DEPARTMENT, VIKAS BHAVAN, TRIVANDRUM. 3. THE DIRECTOR, VIGILANCE DEPARTMENT, TRIVANDRUM. BY GOVT. PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R.RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.4091 of 2009 -------------------------- Dated this the 2nd March,2009 J U D G M E N T The petitioner was working as Senior Inspector in the Legal Metrology Department . He was promoted as such in the year 2004. He is the seniormost among the Senior Inspectors and as such he was entitled to get promotion as Assistant Controller with effect from 30.4.2007. As per Exhibit-P1 order dated 7.3.2008, he was suspended from service under Rule 10 of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960. He had filed WPC No.14840/2007 seeking various reliefs . During the pendency of the said writ petition, he was suspended from service as per Exhibit-P1. 2. In the light of the order of suspension passed WPC No.14840/2007 filed by him seeking to complete the vigilance enquiry pending against him was disposed of directing the 1st respondent to ensure that the vigilance enquiry pending against the petitioner is completed within a period of three months from the date of receipt of copy of that judgment. W.P ( C) No.4091 of 2009 2 3. As he was not being given any reply and as he has to attain superannuation on 28.2.2009, he filed Exhibit-P3 representation seeking to revoke the suspension. Exhibits P4 is the memo of charges issued to the petitioner and P5 is the reply submitted by the petitioner thereto. This writ petition was filed, mainly for a direction to reinstate him in service. 4. When the matter came up for hearing on 20.2.2009, learned counsel for the petitioner submitted that the vigilance enquiry is over and report has been submitted to the Government on 1.11.2008. This Court has passed an order on I.A No.2683 of 2009 directing the 1st respondent to consider the question of reinstatement of the petitioner in service in the light of the fact that the vigilance enquiry is over and the report has been submitted already on 1.11.2008. 5. Learned counsel for the petitioner at that point of time had submitted that the main allegation against him stands disproved in the vigilance enquiry. 6. Subsequently the petitioner has been served with separate memo of charges and statement of allegations along with a covering letter dated 26.2.2009 on 27.2.2009 at 5.42 W.P ( C) No.4091 of 2009 3 p.m. Learned counsel for the petitioner submits that there is no justification for the continued action. Apparently, the allegation now raised is that he had failed to maintain the essential official records like Census Register, stamping fee register, office copy of certificates etc properly. 7. Learned Government Pleader also produced before me for perusal a copy of order dated 27.2.2009 wherein the Government has rejected the request of the petitioner for reinstatement in service, for the reason that charges against the officer are grave in nature. 8. Presently, the petitioner has already attained the aged of superannuation. Learned counsel for the petitioner therefore seeks permission to pursue his remedies against the proceedings now initiated against him without prejudice to his contentions raised in the writ petition . Therefore, the writ petition is closed without prejudice to his right to agitate the grievances in the appropriate Forum. (T.R.RAMACHANDRAN NAIR, JUDGE) ma W.P ( C) No.4091 of 2009 4 W.P ( C) No.4091 of 2009 5