IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE SMT. JUSTICE P.V.ASHA

FRIDAY, THE 2ND DAY OF FEBRUARY 2018 / 13TH MAGHA, 1939

WP(C).No. 30691 of 2015

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PETITIONER(S)

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P.M. VASUDEVAN,

S/O.LATE K. MADHAVAN NAIR, AGED 68 YEARS,

RESIDING AT SREEPADAM, ATHIPOTTA P.O.,

ALATHUR, PALAKKAD DISTRICT.

BY ADVS.SRI.T.C.SURESH MENON,

SRI.P.S.APPU.

RESPONDENT(S):

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1.

THE STATE OF KERALA,

REPRESENTED BY THE SECRETARY TO

REVENUE (DEVASWAM) DEPARTMENT, SECRETARIAT,

THIRUVANANTHAPURAM-695 001.

2.

THE COMMISSIONER,

MALABAR DEVASWAM BOARD, ERANJIPALAM,

KOZHIKODE-673 001.

3.

THE DEPUTY COMMISSIONER,

MALABAR DEVASWAM BOARD, ERANJIPALAM,

KOZHIKODE-673 001.

4.

THE EXECUTIVE OFFICER,

SREE MANGOTTUKAVU DEVASWAM, ATHIPOTTA,

PALAKKAD-678 544.

R1 BY SR. GOVT. PLEADER SMT.MARY BEENA JOSEPH.

R2 & R3 BY ADV. SRI.R.LAKSHMI NARAYAN, SC.

THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD

ON 02-02-2018, THE COURT ON THE SAME DAY DELIVERED THE

FOLLOWING:

rs.

WP(C).No. 30691 of 2015 (J)

APPENDIX

PETITIONER'S EXHIBITS:

EXHIBIT-P1: TRUE COPY OF THE ORDER PASSED BY THE 1ST RESPONDENT

DATED 23.03.2011.

EXHIBIT-P2: TRUE COPY OF THE COMMUNICATION ADDRESSED BY THE ENQUIRY

COMMISSIONER AND SPECIAL JUDGE TO THE DEPUTY SUPERINTENDENT OF

POLICE, VIGILANCE AND ANTI CORRUPTION BUREAU, PALAKKAD,

DATED 17.10.2012.

EXHIBIT-P3: TRUE COPY OF THE INTERIM ORDER IN W.P.(C) NO.13176/2011 ON

THE FILE OF THIS HONOURABLE COURT DATED 09.04.2012.

EXHIBIT-P4: TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.13176/2011 ON THE

FILE OF THIS HONOURABLE COURT DATED 19.03.2015.

EXHIBIT-P5: TRUE COPY OF THE ORDER PASSED BY THE 2ND RESPONDENT

DATED 08.07.2015.

RESPONDENT'S EXHIBITS:

NIL.

//TRUE COPY//

P.S. TO JUDGE

rs.

P.V.ASHA J.

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W.P.(C) No.30691 of 2015

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Dated this the 02^nd day of February, 2018

JUDGMENT

The petitioner, was working as a

Superintendent of Sree Mangottukavu Devaswom

Bhagavathy Temple and retired from service on

30.04.2012. He was placed under suspension for a

period from 13.06.2010 to 09.04.2012.

2.

It is stated that, the suspension was on

account of a vigilance case V.C. 06/09 PKD registered

against him and other two persons, alleging that they

obtained undue pecuniary advantage and illegal

gratification for the appointments made in the

Devaswom and committed forgery in the Attendance

Register. However, the proceedings were dropped by

the Vigilance and Anti-Corruption Bureau as per Ext.P2

order dated 17.10.2012.

3.

Petitioner had filed Writ Petition No.

W.P.(C) No.30691 of 2015

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13176/2011, challenging the order of suspension

pointing out that he was due to retire from service on

30.04.2012 and seeking directions to reinstate him.

Accordingly, as per Ext.P3 order dated 09.04.2012,

this Court directed that the petitioner shall be

reinstated. Thereafter, by Ext.P4 judgment the writ

petition was disposed of directing the 2^nd respondent

to take an appropriate decision with respect to the

period of suspension after affording an opportunity of

hearing to the petitioner as well as the Executive

Officer of the Devaswom.

3.

Ext.P5 order was passed thereafter by

the Commissioner, directing that the period of

suspension shall be treated as duty except for pay and

allowances. The Commissioner found that even though

the Vigilance case against the petitioner was dropped,

the suspension of the petitioner was against the

irregularities in the administration of the Devaswom

and the irregularities in the appointment of the

employees. The Commissioner found that the grounds of

W.P.(C) No.30691 of 2015

3

suspension continued to exist and therefore suspension

could not said to be wholly unjustified. Ext.P5 orde