IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN SATURDAY, THE 23RD MAY 2009 / 2ND JYAISHTA 1931 WP(C).No. 13642 of 2009(A) ---------------------------------------- PETITIONER(S): ------------------------ T. MOHAMMED KASIM, S/O. LATE MOHAMMED, THONDIYIL HOUSE. P.O. PANDIKKAD, MALAPPURAM DISTRICT. BY ADVS.MR.K.S.SAJEEV KUMAR, MR.V.V.ASOKAN, MR.P.P.RAMACHANDRAN. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO THE LOCAL SELF GOVERNMENT,THIRUVANANTHAPURAM. 2. DIRECTOR, VIGILANCE AND ANTI CORRUPTION BUREAU, THIRUVANANTHAPURAM. 3. VIGILANCE AND ANTI CORRUPTION BUREAU, MALAPPURAM. 4. MELATOOR GRAMA PANCHAYATH, REPRESENTED BY ITS SECRETARY, MELATTOOR, MALAPPURAM. 5. T.K. GOURI (FORMER SECRETARY) MELATOOR GRAMA PANCHAYATH, MELATTOOR. 6. M.K. HAMSA, CHARAPPANTHODI HOUSE, P.O. PARAMBIL PEEDIKA, VIA VELIMUKKU, MALAPPURAM. BY SR.GOVERNMENT PLEADER SMT. ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= W.P.(C) No. 13642 of 2009 =-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-=-= Dated this the 23rd day of May, 2009 JUDGMENT Heard Sri. K.S.Sajeev Kumar, the learned counsel appearing for the petitioner and Smt. Anu Sivaraman, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear respondents 4 to 6. 2. The petitioner who is presently working as Upper Division Clerk in Thrikalangode Grama Panchayat filed this writ petition changing Ext. P5 order dated 17.01.2009 issued by the Government, placing him under suspension, pending investigation in to the vigilance case registered against him. The petitioner challenges Ext.P5 order on various grounds. 3. Ext.P5 order was passed on 17.01.2009. Nearly four months have passed thereafter. Paragraph 17 of the Manual of Disciplinary Proceedings stipulates that orders of suspension shall be reviewed on the expiry of six months WP.13642/09 -2- from the date of suspension. Rule 10 (6) of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 empowers the authority which passed the order of suspension to review the order of suspension. The petitioner has in Ext.P6 representation dated 15.05.2009 produced along with I.A No. 5957 of 2009 moved the Government seeking revocation of the order of suspension. Since the petitioner has already invoked a remedy available to him in law, I am of the opinion that he should pursue the said remedy instead of seeking the intervention of this Court at this stage. I, accordingly dispose of this writ petition with a direction to the Secretary to Government, Local Self Government Department to consider Ext.P6 representation produced along with I.A. No.5957 of 2009 and pass orders thereon, after affording the petitioner a reasonable opportunity of being heard. Final order on Ext.P6 representation shall be passed within two months from the date on which the petitioner produces a certified copy of WP.13642/09 -3- this judgment before the Secretary to Government, Local Self Government Department. P.N.RAVINDRAN, JUDGE. mn.