IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 10TH FEBRUARY 2011 / 21ST MAGHA 1932 WP(C).No. 13758 of 2008(K) -------------------------- PETITIONER(S): --------------- C.CHANDRAN, VALATHALA HOUSE, NENMARA COLLEGE P.O. BY ADV. SRI.V.M.KURIAN SRI.MATHEW B. KURIAN SRI.K.T.THOMAS RESPONDENT(S): --------------- 1. THE PANCHAYAT COMMITTEE, MELARCODE GRAMA PANCHAYAT, MELARCODE, PALAKKAD 678 703, REPRESENTED BY ITS SECRETARY. 2. SECRETARY, MELARCODE GRAMA PANCHAYAT, MELARCODE, PALAKKAD 678 703. ADV. SRI.S.M.PREM FOR R2 SMT.K.P.SANTHI FOR R2 SRI.S.S.HUSSAIN FOR R2 SRI.P.K.NIJOY FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 10/02/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C).No. 13758/08. APPENDIX PETITIONER(S)' EXHIBITS P1. COPY OF THE APPOINTMENT ORDER DTD.6.6.99. P2. COPY OF THE SHOW CAUSE NOTICE DTD.13.9.06. P3. COPY OF THE EXPLANATION DTD.25.9.06. P4. COPY OF THE ORDER DTD.12.10.96. P5. COPY OF THE ORDER DTD.22.1.07. P6. COPY OF THE PETITION DTD.13.2.07. P7. COPY OF THE CHARGE MEMO DTD.1.7.07. P8. COPY OF THE EXPLANATION DTD.17.7.07. sdk+ ///True copy/// P.A. to Judge S.SIRI JAGAN, J. ================== W.P.(C).No. 13758 of 2008 ================== Dated this the 10th day of February, 2011 J U D G M E N T By Ext.P4 order dated 12.10.2006, the petitioner, a librarian in the Melarcode Grama Panchayat, was suspended from service for a period of three months. The suspension was being extended and it was extended upto 11.3.2007. Though a charge memo was issued on 1.7.2008, no enquiry was conducted. It is under the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: “a) To issue a writ of mandamus or other appropriate writ, order or direction, to the respondents to reinstate the petitioner forthwith and pay him honorarium and other dues with effect from 11.03.2007. b) To issue a writ of mandamus or other appropriate writ, order or direction, directing the respondents to conduct enquiry if any proposed to be held within a specified time after furnishing details of complaints to the petitioner.” 2. No counter affidavit has been filed by the respondents. 3. In the verified petition filed for early posting, the learned counsel for the petitioner has stated that the petitioner is still out of service even on 29.11.2010. I am of opinion that a person cannot be kept under suspension for five years without completing the disciplinary proceedings. Accordingly, there would be a direction to the respondents to reinstate the petitioner forthwith. Appropriate orders w.p.c.13758/08 2 regarding regularization of the period of suspension shall be issued within two months from the date of receipt of a certified copy of this judgment. The writ petition is disposed of as above. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge