IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 28TH MAY 2009 / 7TH JYAISHTA 1931 WP(C).No. 14720 of 2009(H) ----------------------------------------- PETITIONER(S): ----------------------- P.N. GOPALAKRISHNAN, ASST. SUB INSPECTOR OF POLICE, (NOW UNDER SUSPENSION) AGED 50 YEARS, S/O. THIMMAYYA, R/AT MAHIN'S QUARTERS, MOGRAL KADAVATH, MOGRAL PUTHUR.P.O, KASARAGOD DISTRICT. BY ADV. MR.SURESH KUMAR KODOTH RESPONDENT(S): ------------------------ 1. THE SUPERINTENDENT OF POLICE, KASARAGOD DISTRICT. 2. THE CIRCLE INSPECTOR OF POLICE, VELLARIKUNDU, POST RAJAPURAM, HOSDURG, KASARAGOD DISTRICT. 3. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HOME DEPARTMENT, THIRUVANANTHAPURAM. SR GOVT. PLEADER SMT.ANU SIVARAMAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28/05/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 14720 of 2009-H ------------------------------ Dated this the 28th day of May, 2009. J U D G M E N T Heard Sri.Suresh Kumar Kodoth, the learned counsel appearing for the petitioner and Smt.Anu Sivaraman, the learned Government Pleader appearing for the respondents. 2. The petitioner who is presently working as Assistant Sub Inspector of Police was placed under suspension by Ext.P1 order dated 2.5.2008 issued by the Superintendent of Police, Kasargod District, pending enquiry into the allegations levelled against him. According to the petitioner though he was placed under suspension on 2.5.2008 and a memo of charges was later served on him, the disciplinary action has not yet been finalised. The petitioner submits seeking revocation of the order of suspension, he has moved the Superintendent of Police, Kasargod by filing Ext.P6 representation dated 6.5.2009. In this writ petition, the petitioner inter alia prays for a direction to the Superintendent of Police, Kasargod, to consider the request for revocation of the suspension and to finalise the disciplinary action against him within a time limit to be fixed by this Court. 3. Sub rule (3) of rule 7 of the Kerala Police Departmental Inquiries Punishment & Appeal Rules 1958 states that an order of W.P(C) No. 14720 of 2009-H 2 suspension passed under sub rule (3) of rule 7 may be revoked at any time by the authority making the order or by any authority to which it is subordinate. The pleadings disclose that the petitioner was placed under suspension on 2.5.2008. More than one year has passed thereafter. The petitioner has in Ext.P6 requested the Superintendent of Police, Kasargod who placed him under suspension to revoke the order of suspension. Whether on the materials available, the request made by the petitioner in Ext.P6 can be granted is a matter for the Superintendent of Police to decide atleast in the first instance. Since the petitioner has invoked a remedy available to him in law, I am of the opinion that the Superintendent of Police, Kasargod should consider the request made by the petitioner in Ext.P6 and take a decision thereon. I accordingly dispose of this writ petition with a direction to the Superintendent of Police, Kasargod to consider the request made by the petitioner in Ext.P6 representation dated 6.5.2009 and pass orders thereon expeditiously and in any event within two months from the date on which the petitioner produces a certified copy of this judgment before the said officer. It will open to the Superintendent of Police to hear the petitioner in person if any clarification is required. Sd/- P.N.RAVINDRAN JUDGE ab //True Copy//