IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 34094 of 2008(H) -------------------------- PETITIONER(S): --------------- C.LOHIDASAN, SUPERINTENDENT OF SURVEY AND LAND RECORDS UNDER SUSPENSION) KERALA SURVEY AND LAND RECORDS DEPARTMENT PATHANAMTHITTA. BY ADV. SMT.K.S.SAIRA SRI.A.ANILKUMAR RESPONDENT(S): ------------------ 1. STATE OF KERALA, REP. BY THE PRINCIPAL SECRETARY TO GOVERNMENT, KERALA SURVEY AND LAND RECORDS DEPARTMENT, PATHANAMTHITTA. 2. DIRECTOR OF SURVEY AND LAND RECORDS THIRUVANANTHAPURAM. BY GOVT.PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ====================================== W.P.(C)No. 34094 of 2008 ====================================== Dated this the 19th day of November 2008 JUDGMENT The petitioner, who is presently working as Superintendent of Survey and Land Records and is due to retire from service on 30.11.2008 was placed under suspension by Ext.P1 Order dated 19.3.2008, pending disciplinary enquiry. He has on 17.6.2008 submitted Ext.P3 representation before the Director of Survey and Land Records seeking revocation of the suspension and reinstatement in service. The petitioner submits that though he was placed under suspension on 19.3.2008, till date the memo of charges has not been issued and no progress has been made in the disciplinary proceedings. In these circumstances, the petitioner prays for a writ in the nature of mandamus commanding the first respondent to review Ext.P1 order of suspension and to reinstate him in service before 30.11.2008, the date on which he will retire from service on attaining the age of superannuation. 2. I have heard Smt.Saira Ravikumar, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. Going by the W.P.(C)No.34094/2008 2 pleadings, it is seen that the petitioner was suspended long back on 19.3.2008 and that even after the expiry of more than 8 months, no progress has been made in the disciplinary action. The petitioner admittedly will retire from service on 30.11.2008. Paragraph-17 of the Manual for Disciplinary Proceedings stipulates that the cases of Government employees continuing under suspension for more than six months should be reviewed. Rule 10(6) of the Kerala Civil Services (Classification, Control and Appeals) Rules 1960, hereinafter referred to as `the Rules' for short, empowers the authority which passed the order of suspension to review the order and reinstate the employee in service. In the instant case, the petitioner was placed under suspension by the Government long back on 19.3.2008. The petitioner is due to retire from service shortly, within a span of another two weeks. It is therefore desirable that the Government bestows attention to the fact that the petitioner is continuing under suspension without any progress being made in the disciplinary enquiry ever since in 19.3.2008. In these circumstances, I dispose of the writ petition with a direction to the Secretary to Government, Revenue Department to review the order of suspension evidenced by Ext.P1 and take a decision in the matter at the earliest, and in any case before W.P.(C)No.34094/2008 3 28.11.2008. To enable the Secretary to Government, Revenue Department to comply with this direction, the petitioner shall produce a copy of this judgment along with a representation seeking review of the suspension before the said officer at the earliest. P.N.RAVINDRAN, JUDGE css/