Ummer Ashif A vs State Of Kerala
2023 Latest Caselaw 4422 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
            THE HONOURABLE MR.JUSTICE N.NAGARESH
 WEDNESDAY, THE 12TH DAY OF APRIL 2023 / 22ND CHAITHRA, 1945
                   WP(C) NO. 13406 OF 2023
PETITIONER/S:

          UMMER ASHIF A
          AGED 36 YEARS, S/O AZEEZ P.M,
          JUNIOR SUPERINTENDENT,
          KERALA STATE HOUSING BOARD,
          PALAKKAD DIVISON, AKSHAYA COMPLEX,
          OLAVAKKODE, PALAKKAD - 678002
          (RESIDING AT 34/432, ASHIF MANZIL,
          NAKSHATHRA, MILAKUDHEEN NAGAR,
          VENNAKARA, PALAKKAD - 678 004.)

          BY ADVS.
          V.A.MUHAMMED
          P.A.JENZIA


RESPONDENT/S:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
          REVENUE AND HOUSING DEPARTMENT,
          MAIN BLOCK, SECRETARIAT
          THIRUVANANTHAPURAM - 695001.

    2     THE CHAIRMAN,
          KERALA STATE HOUSING BOARD HEAD OFFICE,
          HOUSING BOARD BUILDING, SANTHI NAGAR,
          THIRUVANANTHAPURAM - 695001.

    3     THE SECRETARY,
          KERALA STATE HOUSING BOARD HEAD OFFICE,
          HOUSING BOARD BUILDING, SANTHI NAGAR,
          THIRUVANANTHAPURAM - 695001.

    4     THE REGIONAL ENGINEER,
          KERALA STATE HOUSING BOARD,
          OFFICE OF REGIONAL ENGINEER,
          THIRUVANANTHAPURAM - 695001.
 W.P.(C) No.13406 of 2023
                              2


    5     ENQUIRY OFFICER (REGIONAL ENGINEERER)
          KERALA STATE HOUSING BOARD,
          OFFICE OF REGIONAL ENGINEER,
          THIRUVANANTHAPURAM - 695001.

    6     EXECUTIVE ENGINEER
          KERALA STATE HOUSING BOARD,
          PALAKKAD DIVISION, AKSHAYA COMPLEX,
          OLAVAKKODE, PALAKKAD - 678002.

    7     THE ACCOUNTS OFFICER
          KERALA STATE HOUSING BOARD,
          PALAKKAD DIVISION, AKSHAYA COMPLEX,
          OLAVAKKODE, PALAKKAD - 678002.

    8     THE ASSISTANT SECRETARY
          KERALA STATE HOUSING BOARD,
          PALAKKAD DIVISION, AKSHAYA COMPLEX,
          OLAVAKKODE, PALAKKAD - 678002.

          BY ADVS.
          ANIMA M GP.
          T.K.SAJEEV SC.
          V.HARISH SC.

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 12.04.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P.(C) No.13406 of 2023
                                  3


                          JUDGMENT

Dated this the 12th day of April, 2023

The petitioner, who is an employee of Kerala State Housing

Board, is aggrieved by the continued suspension imposed on the

petitioner for the last more than one year.

2. The petitioner states that he was put under suspension

on 03.03.2022, in contemplation of disciplinary proceedings.

Memo of Charges were served on the petitioner in the month of

May 2022. Though more than ten months have elapsed, the

Enquiry Officer has not drawn any Enquiry Report. The continued

suspension of the petitioner, extending to more than 12 months

period, is highly arbitrary and unconscionable. The petitioner is

therefore entitled to reinstatement in service.

3. The counsel for the petitioner submits that by Ext.P8

order, the petitioner has been informed that the issue has been

referred to the Vigilance and Anti Corruption Bureau and

disciplinary proceedings against the petitioner would be concluded W.P.(C) No.13406 of 2023

on the basis of the final decision of the Vigilance Department. The

petitioner, therefore, cannot be reinstated at this stage.

4. Counsel for the petitioner would submit that Ext.P8 is a

communication of the Secretary to the Kerala State Housing

Board. The petitioner is under suspension from 03.03.2022. Memo

of charges were issued in the month of May 2022. The deliberate

delay on the part of the respondents in concluding the disciplinary

proceedings and the action of the respondents in referring the

matter to the Anti Corruption Bureau is intended to prolong the

suspension of the petitioner and to put the petitioner in agony.

5. In the circumstances, the petitioner has submitted

Ext.P9 representation before the 2 nd respondent. Unless the 2nd

respondent considers Ext.P9 and pass appropriate orders

revoking the suspension of the petitioner, the petitioner will be put

to untold hardship, contends the counsel for the petitioner.

6. Standing Counsel entered appearance on behalf of

respondents 2 to 8 and resisted the writ petition. Standing W.P.(C) No.13406 of 2023

Counsel denied all the allegations made by the petitioner in the

writ petition. On behalf of respondents 2 to 8, it is submitted that

there are serious allegations against the petitioner involving

financial misappropriation. The matter has been referred to the

Vigilance Department. Therefore, at this stage, the petitioner

cannot be reinstated in the service. The writ petition is without any

merit and is liable to be dismissed, contended the Standing

Counsel.

7. I have heard the learned counsel for the petitioner, the

learned Government Pleader representing the 1st respondent and

the learned Standing Counsel representing respondents 2 to 8.

8. It is evident that the petitioner was suspended from

service on 03.03.2022. A charge sheet was issued on the

petitioner only two months thereafter, in the month of May 2022.

Nearly one year has elapsed since the issuance of memo of

charges. According to the petitioner, no Enquiry Report has been

drawn or served on the petitioner so far. W.P.(C) No.13406 of 2023

9. The Apex Court has held in the case of Ajay Kumar

Choudhary v. Union of India that prolonged suspension is not

advisable and that such suspensions are liable to be reviewed and

orders passed.

10 Taking into consideration the fact that the petitioner is

under suspension from service from 03.03.2022 onwards, I am of

the view that the 2nd respondent shall consider Ext.P9

representation in the light of the judgment of the Apex Court in

Ajay Kumar Choudhary and take appropriate decision thereon.

The writ petition is accordingly disposed of directing the 2 nd

respondent to consider Ext.P9 representation submitted by the

petitioner and pass appropriate orders thereon within a period of

one month.

Sd/-

N. NAGARESH JUDGE ams W.P.(C) No.13406 of 2023

APPENDIX OF WP(C) 13406/2023 PETITIONER EXHIBITS Exhibit P-1 TRUE COPY OF THE SUSPENSION ORDER NO.KSHB-HO/53/2022- CWI DATED 03.03.2022 ISSUED BY THE SECRETARY, KSHB Exhibit P-2 TRUE COPY OF THE STATEMENT OF ALLEGATIONS VIDE NO. KSHA-HO/53/2022-CW1 DATED 07/05/2022 Exhibit P-2(a) TRUE COPY OF THE CHARGE MEMO VIDE NO.KSHB-HO/53/2022/CWI DATED 11.05.2022 Exhibit P-3 TRUE COPY OF THE REPLY STATEMENT OF THE PETITIONER DATED 23.05.2022 Exhibit P-3(a) TRUE COPY OF THE COVERING LETTER OF THE REPLY STATEMENT ADDRESSING THE SECRETARY DATED 23.05.2022 Exhibit P-4 TRUE COPY OF FIRST INFORMATION REPORT VIDE NO.0235 DATED 05.04.2022 BEFORE THE PALGHAT TOWN NORTH POLICE STATION Exhibit P-5 TRUE COPY OF THE ORDER IN CRIMINAL MISCELLANEOUS CASE NO.2639/2022 DATED 26.10.2022 BEFORE THE COURT OF SESSIONS, PALAKKAD DIVISION Exhibit P-6 TRUE COPY OF THE NOTICE OF THE REGIONAL ENGINEER (ENQUIRY OFFICER) VIDE NO.RE/ENQUIRY/2022 DATED 25.10.2022 Exhibit P-7 TRUE COPY OF THE WRITTEN EXPLANATION SUBMITTED BY THE PETITIONER DATED NIL Exhibit P-8 TRUE COPY OF THE LETTER OF THE SECRETARY ADDRESSING THE PETITIONER VIDE NO.KSHB- HO/53/2022/CWI DATED 17.02.2023 Exhibit P-9 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE CHARIMAN DATED 01.04.2023