This petition challenging a suspension order and seeking duty treatment for the suspension period was closed without orders after the facts had altered during the long pendency, with liberty to seek rehearing.
Petition closed without any further orders; liberty granted to seek rehearing.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
WEDNESDAY, THE 20TH DAY OF JANUARY 2021 / 30TH POUSHA, 1942
WP(C).No.3313 OF 2012(L)
PETITIONER:
S.MOHANKUMAR SUMANAM AGED 54 YEARS
SECTION OFFICER, FINANCE DIVISION, INSTITUTE OF MANAGEMENT IN GOVERNMENT, VIKAS BHAVAN (P.O), THIRUVANANTHAPURAM - 695 033.
BY ADVS. SRI.ELVIN PETER P.J. SRI.K.R.GANESH SRI.T.G.SUNIL (PRANAVAM)
RESPONDENTS:
1 THE INSTITUTE OF MANAGEMENT IN GOVERNMENT - REPRESENTED BY ITS SECRETARY, VIKAS BHAVAN (P.O) THIRUVANANTHAPURAM - 695 033.
2 THE DIRECTOR, INSTITUTE 0F MANAGEMENT IN GOVERNMENT, VIKAS BHAVAN (P.O) THIRUVANANTHAPURAM - 695 033.
BY SRI.P.C.CHACKO, SC,
OTHER PRESENT:
SMT. LATHA ANAND - SC
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.3313 OF 2012(L)
2
J U D G M E N T
The petitioner has approached this Court impugning Ext.P2 order of suspension and Ext.P7 enquiry report and for a direction that the period during which she was on suspension, namely from 29.07.2008 to 08.03.2009, be treated as duty for all purposes.
I, therefore, close this writ petition without any further orders; however, leaving liberty to the petitioner to seek a rehearing, if it is so necessary.
SD/-
DEVAN RAMACHANDRAN
JUDGE
rp
WP(C).No.3313 OF 2012(L)
3
APPENDIX
PETITIONER'S/S EXHIBITS:
| EXHIBIT P1 | TRUE COPY OF THE ORDER DATED 30/01/1996 ISSUED BY THE IMG ADOPTING THE PROVISIONS CONTAINED IN THE KERALA CIVIL SERVICE (CLASSIFICATION, CONTROL AND APPEAL RULES). |
|---|---|
| EXHIBIT P2 | TRUE COPY OF THE ORDER DATED 26/07/2008 ISSUED BY THE 2ND RESPONDENT SUSPENDING THE PETITIONER FROM SERVICE. |
| EXHIBIT P3 | TRUE COPY OF THE MEMO OF CHARGES DATED26/07/2008 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. |
| EXHIBIT P4 | TRUE COPY OF THE REPLY FILED BY THE PETITIONER TO EXT.P3 MEMO OF CHARGES. |
| EXHIBIT P5 | TRUE COPY OF THE ORDER DATED 03/03/2009 REINSTATING THE PETITIONER IN SERVICE. |
| EXHIBIT P6 | TRUE COPY OF THE STATEMENT DATED 22/06/2006 SENT BY THE ENQUIRY OFFICER TO THE PETITIONER. |
| EXHIBIT P7 | TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE ENQUIRY OFFICER. |
| EXHIBIT P8 | TRUE COPY OF THE ORDER DATED 06/05/2011 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P9 | TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED TO THE PETITIONER. |
| EXHIBIT P10 | TRUE COPY OF THE REPLY FILED BY THE PETITIONER TO EXT.P9 SHOW CAUSE NOTICE. |
| EXHIBIT P11 | TRUE COPY OF THE ORDER DATED 16/08/2011 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P12 | TRUE COPY OF THE ORDER DATED 07/07/2011 ISSUED BY THE 2ND RESPONDENT. |
| EXHIBIT P13 | TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. |
| EXHIBIT P14 | TRUE COPY OF THE ORDER DATED 16/12/2011 ISSUED BY THE 1ST RESPONDENT. |
WP(C).No.3313 OF 2012(L)
4
RESPONDENT'S/S EXHIBITS:
ANNEXURE R1(A) TRUE COPY OF ORDER DATED 04/02/2004 APPROVED BY THE EXECUTIVE COMMITTEE OF THE INSTITUTE OF MANAGEMENT IN GOVERNMENT.
ANNEXURE R1(B) TRUE COPY OF ENQUIRY REPORT SUBMITTED BY THE ENQUIRY OFFICER.
S. MOHANKUMAR SUMANAM
THE INSTITUTE OF MANAGEMENT IN GOVERNMENT
THE DIRECTOR, INSTITUTE OF MANAGEMENT IN GOVERNMENT, VIKAS BHAVAN
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
