IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 22ND JUNE 2009 / 1ST ASHADHA 1931 WP(C).No. 8439 of 2009(Y) --------------------------------------- PETITIONER(S): ------------------------- 1. R.WILSON, S/O. RAJAYYAN, SPECIAL VILLAGE OFFICER (UNDER SUSPENSION) RESIDING AT ANU VILLA, VAZHAMUTTOM P.O., PATHANAMTHITA DIST PIN 689 647. 2. J.SOMAN KURUP, S/O. JANARDANAN PILLAI, VILLAGE OFFICER (UNDER SUSPENSION) TALUK OFFICE, KOZHENCHERRY RESIDING AT SREE SHYLAM, IVERKALA WEST NORTH, PUTHANAMBALAM P.O., PIN 691 583. BY ADVS. MR.S.SREEKUMAR, MR.P.MARTIN JOSE, MR.P.PRIJITH, MR.S.VAIDYANATHAN. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY (LAND REVENUE DEPT) GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE LAND REVENUE COMMISSIONER, PUBLIC OFFICE BUILDING, MUSEUM JUNCTION, THIRUVANANTHAPURAM -33. 3. THE DISTRICT COLLECTOR, PATHANAMTHITTA. BY GOVERNMENT PLEADER MR. ANTONY MUKKATH THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/06/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.8439/2009 Y APPENDIX PETITIONER'S EXHIBITS: P1: COPY OF THANDAPER ACCOUNT NO.26156 IN THE NAME OF SAJEEDA HABEEBULLAH. P2: COPY OF THANDAPER NO.15217 IN THE NAME OF C.K.KRISHNAPILLAI. P3: COPY OF THANDAPER ACCOUNT IN SY.NO.164/2 C1. P4: COPY OF ORDER DTD. 05/09/2008 ISSUED BY 3RD RESPONDENT DISTRICT COLLECTOR. P5: COPY OF APPEAL DTD. 10/11/2008 SUBMITTED BY THE 1ST PETITIONER BEFORE THE 2ND RESPONDENT. P6: COPY OF APPEAL DTD. 10/11/2008 SUBMITTED BY THE 2ND PETITIONER BEFORE THE 2ND RESPONDENT. P7: COPY OF JUDGMENT IN WPC.NO.34764/08 DTD. 10/12/2008. P8: COPY OF JUDGMENT IN WPC.NO.34692/08 DTD. 10/12/2008. P9: COPY OF ORDER DTD. 10/02/2009 ISSUED BY 2ND RESPONDENT. RESPONDENT'S EXHIBITS: N I L /TRUE COPY/ P.A.TO JUDGE Kss P.N.RAVINDRAN, J. ----------------------------- W.P(C) No.8439 of 2009-Y ------------------------------ Dated this the 22nd day of June, 2009. J U D G M E N T Heard Sri.S.Sreekumar, the learned counsel appearing for the petitioners and Sri.Antony Mukkath, the learned Government Pleader appearing for the respondents. 2. The petitioners who are Special Village Officer and Village Officer respectively, were placed under suspension by order dated 15.9.2008 passed by the District Collector, Pathanamthitta. Aggrieved thereby the petitioners filed an appeal before the Land Revenue Commissioner. By Ext.P9 order passed on 10.2.2009, the appeals were rejected. In this writ petition the petitioners challenge Exts.P4 and P9 orders passed by the District Collector and the Land Revenue Commissioner respectively. 3. The pleadings disclose that the petitioners were placed under suspension on 5.9.2008. More than nine months have passed thereafter. Para 17 of the Manual for Disciplinary Proceedings stipulates that cases of Government servants who are continuing under suspension pending disciplinary proceedings initiated against them, for a period exceeding six months have to be reviewed. I am therefore of the opinion that the State Government should consider whether the petitioners W.P(C) No.8439 of 2009-Y 2 should continue to be under suspension. The learned Government Pleader appearing for the respondents submits that the files relating to the petitioners have already been placed before the Suspension Review Committee and the Suspension Review Committee will meet and pass orders on the question whether the petitioners should remain under suspension. In the light of the submissions made at the Bar by the learned counsel appearing on either side, I dispose of this writ petition with a direction to the Secretary to Government, Revenue Department to consider whether the petitioners should continue under suspension and take a decision thereon in accordance with the law, expeditiously and in any event within three months from today. The Secretary to Government, Revenue Department shall also hear the petitioners before taking a decision in the matter. After orders are passed as directed above, the Government shall communicate a copy thereof to the petitioners expeditiously. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge ab