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2007 Supreme(Ker) 843

THOTTATHIL B.RADHAKRISHNAN
Leelamma – Appellant
Versus
Kerala State Co operative Rubber Marketing Federation – Respondent


Advocates Appeared:
For the Petitioners: M. Ramesh Chander & Siji Antony.
For the Respondents: K. Ramakumar., R. Jayachandran & Anu Sivaraman (Government Pleader.

JUDGMENT :

1. By Ext.P4, dated 23.1.2007, served on the petitioner on 31.1.2007, the petitioner was placed under suspension. She moved this Court, earlier, complaining that it is groundless and there was no reason continue her under suspension. This Court directed that the proposed disciplinary proceedings shall be finalized, as expeditiously as possible. With the passage of time, the petitioner has moved for a direction that the suspension may be revoked, on the allegation that the continued suspension is groundless.

2. The first respondent is a Government funded organisation, though in the Co-operative sector. It is an Apex Co-operative Society. Apart from the fact that it deals with public funds, it is also required of the first respondent to act in transparency and by ensuring that basic rights of the employees are not curtailed.

3. It is a salutary principle of law that a person should not be kept indefinitely under suspension, particularly when, there is no shred of material on record that the continued suspension of that employee is necessary for the appropriate completion of the disciplinary proceedings. It is also not the principle of law that a person under suspension should




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