IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 13TH OCTOBER 2008 / 21ST ASWINA 1930 WP(C).No. 29317 of 2008(M) -------------------------- PETITIONER(S): --------------- V.RAJU, S/O N.VELAYUDHAN, AGED 53 YEARS, KOCHU VEEDU,THATTAMALA KOLLAM, PIN 691 020, NOW RESIDING AT SVLRA -24 A, SREEVILAS LANE, KOWDIAR, THIRUVANATHAPURAM 695 003. BY ADV. SRI.M.AJAY SRI.N.RAJENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA, (REPRESENTED BY ITS PRINCIPAL SECRETARY), LOCAL SELF GOVERNMENT DEPARTMENT, THE SECRETARIAT, THIRUVANANTHAPURAM. 2. THE SECRETARY TO GOVERNMENT, LOCAL SELF GOVERNMENT DEPARTMENT, THE SECRETARIAT, THIRUVANANTHAPURAM. 3. THE SECRETARY TO GOVERNMENT, FOOD CIVIL SUPPLIES & CONSUMER AFFAIRS DEPARTMENT, THE SECRETARIAT, THIRUVANANTHAPURAM. 4. THE STATE ELECTION COMMISSION (REP. BY ITS SECRETARY), CORPORATION OFFICE COMPLEX, PALAYAM, THIRUVANANTHAPURAM 695 033. BY ADV. SRI.MURALI PURUSHOTHAMAN, SC,K.S.E.COMM FOR R4 BY GOVT. PLEADER SMT. ANU SIVARAMAN. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.29317 of 2008 ------------------------------- Dated this the 13th October, 2008. J U D G M E N T The petitioner, an Officer in the cadre of Joint Director in the Urban Affairs Department, is presently working as Joint Secretary in the State Election Commission. He challenges Ext.P1 order dated 19.9.2008 by which the State Government placed him under suspension for the reason that a Vigilance case has been registered against him under Section 7 of the Prevention of Corruption Act and Section 120B of Indian Penal Code. The petitioner contends that Ext.P1 order has been passed solely based on the fact that no vacancy of Joint Director exists in the parent department, and therefore, the petitioner cannot be given a posting outside Thiruvananthapuram District. 2. The petitioner submits that Ext.P9 would show that while passing Ext.P1 order of suspension, the authorities concerned did not take note of the fact that he is presently working as Joint Secretary in the Office of the State Election W.P.(C) No.29317 of 2008 2 Commission and in that capacity he has no access to records in the Directorate of Urban Affairs, and that the order of suspension has been passed mechanically and without application of mind. The petitioner further submits that highlighting these aspects, he has filed Ext.P10 representation before the second respondent, seeking cancellation of Ext.P1 order of suspension. 3. I have heard Smt.Anu Sivaraman, the learned Government Pleader, appearing for respondents 1 to 3 as well. The learned Government Pleader, on instructions, submits that Ext.P10 representation has been received by the second respondent and that the second respondent will take a decision on Ext.P10 expeditiously. 4. Having regard to the submissions made at the Bar by the learned counsel appearing on either side and taking note of the contentions set out by the petitioner in Ext.P10 representation and also in this writ petition, without expressing any opinion on the merits, I dispose of the Writ Petition with a direction to the second respondent, Secretary to Government, W.P.(C) No.29317 of 2008 3 Local Self Government Department, to consider Ext.P10 representation and pass orders thereon, after affording the petitioner an opportunity of being heard. This shall be done within one month from the date on which petitioner produces a certified copy of this judgment. P.N.RAVINDRAN, JUDGE nj.