IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 6TH SEPTEMBER 2011 / 15TH BHADRA 1933 WP(C).No. 24224 of 2011(C) ----------------------- PETITIONER : -------------------- VISALAKUMARI B, HEAD CLERK, (UNDER SUSPENSION) SUB REGIONAL TRANSPORT OFFICE, NEDUMANGAD, THIRUVANANTHAPURAM DISTRICT. RESIDING AT VISAL, CHEENIKONAM, MANIKANDESWARAM, THIRUVANANTHAPURAM. BY ADV. SRI.BIJU BALAKRISHNAN RESPONDENT(S): ------------------------- 1. THE TRANSPORT COMMISSIONER, TRANSPORT COMMISSIONERATE, KERALA. THIRUVANANTHAPURAM - 695 001. 2. THE ASSISTANT TRANSPORT COMMISSIONER, THIRUVANANTHAPURAM - 695 001. 3. THE REGIONAL TRANSPORT OFFICER, ATTINGAL, THIRUVANANTHAPURAM - 695 027. 4. THE JOINT REGIONAL TRANSPORT OFFICER, NEDUMANGAD, THIRUVANANTHAPURAM - 625 030. R1 TO R4 BY GOVT. PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06/09/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 24224 of 2011(C) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : PHOTOSTAT COPY OF THE ORDER OF SUSPENSION DT. 17-2-2011 PASSED BY THE 1ST RESPONDENT. EXT.P2 : PHOTOSTAT COPY OF THE MEMO OF CHARGES DT. 25-2-2011 ISSUED TO THE PETITIONER. EXT.P3 : PHOTOSTAT COPY OF THE REPLY DT. 7-3-2011 ISSUED TO THE PETITIONER. EXT.P4 : PHOTOSTAT COPY OF THE ORDER DT. 19-6-2011 OF THE 1ST RESPONDENT. EXT.P5 : PHOTOSTAT COPY OF THE MEMO DT. 19-5-2011 OF THE 1ST RESPONDENT. EXT.P6 : PHOTOSTAT COPY OF EXPLANATION DT. 15-6-2011 SUBMITTED BY THE PETITIONER AGAINST EXT.P5. EXT.P7 : PHOTOSTAT COPY OF THE ORDER DT. 26-2-2011 IN ST NO. 434/2006 OF THE JUDICIAL FIRST CLASS MAGISTRATE COURT-VI, THIRUVANANTHAPURAM. EXT.P8 : PHOTOSTAT COPY OF THE ORDER DT. 11-7-2011 OF THE 1ST RESPONDENT. EXT.P9 : PHOTOSTAT COPY OF THE REPRESENTATION DT. 22-05-2011 SUBMITTED TO THE 1ST RESPONDENT. RESPONDENT'S EXHIBITS - NIL //TRUE COPY// P.S. TO JUDGE Mn C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.24224 of 2011 ---------------------------------------- Dated 6th September, 2011 JUDGMENT While working as Head Clerk in the Sub Regional Transport Office, Nedumangad the petitioner was placed under suspension as per Ext.P1 order dated 17.2.2011. A perusal of Ext.P1 would reveal that it can only be an order passed by invoking the powers under Rule 10(1)(a) of the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960 (for short `the Rules'). Evidently, the petitioner was placed under suspension in contemplation of disciplinary proceedings. In the said circumstances, it will be open to the petitioner to approach the same authority or an authority who is higher than the authority who passed Ext.P1 order under Rule 10(6) of the Rules. The petitioner has already approached the first respondent through Ext.P9. Ext.P9 can only be a petition under Rule 10(6) of the Rules. Therefore, the first respondent is bound to consider and pass appropriate orders on the same. In the said circumstances, without making any observation as to the merits of the contentions raised by the petitioner in this writ petition as also in Ext.P9, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P9 expeditiously, at any rate, within a period of one month from the date WP(C).No.24224/2011 2 of receipt of a copy of this judgment. The petitioner has also raised grievances with respect to the non-finalization of the disciplinary proceedings. Ext.P8 would reveal that a formal enquiry was ordered only on 11.7.2011. In the said circumstances, it will be inappropriate for this Court to fix a time limit for completion of the disciplinary proceedings. However, in case of inordinate delay in the finalization of disciplinary proceedings, it will be open to the petitioner to approach the appropriate authority to redress her grievances. Sd/- C.T.RAVIKUMAR Judge TKS