L.Ajith Kumar v. the Director of Panchayaths
Case brief
What is this about?
The Court held that prolonged suspension cannot be sustained merely due to police investigation without valid reasons for disciplinary actions, directing the Respondent to consider the representation and pass appropriate orders.
What did the court decide?
Directed the First Respondent to consider Ext.P5 and pass orders regarding retention of suspension or alternative posting within one month.
What the court decided
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.R.RAMACHANDRA MENON
THURSDAY, THE 4TH DAY OF OCTOBER 2012/12TH ASWINA 1934
WP(C).No. 17894 of 2012 (J)
PETITIONER :
L.AJITH KUMAR, (UNDER SUSPENSION), SECRETARY MUHAMMA GRAMA PANCHAYAT, ALAPPUZHA DISTRICT.
BY ADVS.DR.K.P.SATHEESAN
SRI.M.R.JAYAPRASAD SRI.P.MOHANDAS (ERNAKULAM) SRI.ANOOP.V.NAIR
RESPONDENT(S):
1. THE DIRECTOR OF PANCHAYATS DIRECTORATE OF PANCHAYATS, THIRUVANANTHAPURAM-695 033.
2. THE DEPUTY DIRECTOR OF PANCHAYATS,
Issues for consideration
3 issues framed by the court
Whether prolonged suspension of a government employee without valid reason or positive steps towards inquiry can be sustained solely due to pending police investigation.
Whether the petitioner is entitled to be given a posting elsewhere immediately to obtain necessary certifications for suspension removal.
Whether the Respondent has sufficient time to consider the fresh representation filed by the Petitioner within the statutory review period.
Parties & counsel
- petitioner
L. Ajith Kumar
- respondent
The Director of Panchayats
- respondent
The Deputy Director of Panchayats
- respondent
The Sub Inspector of Police
Coram
Case details
As recorded by the court registry
Similar cases
Judgements on the same questions, provisions and authorities, from every court