The petitioner was placed under suspension while working as Driver in the 1st respondent Corporation, by virtue of Ext.P3 order, for the reason that he was implicated as accused in a criminal case and got arrested and remanded. The order of suspension was issued on 04.01.2014. The petitioner submitted Ext.P5 request before the 2nd respondent seeking to review/revoke the suspension on the basis that the petitioner was released on bail in Ext.P2 order passed by the Sessions Court, Kozhikode on 08.01.2014. Since Ext.P5 was not considered, this writ petition is filed. 2. It is evident that the petitioner was implicated as accused in a criminal case and he was arrested and remanded in the said case. The investigation and trial of the case is yet to be finalised. Admittedly the petitioner was released on bail by virtue of orders issued by the Sessions Court. Under such circumstances whether the W.P.(C). No. 5784 of 2014 -2-
suspension can be revoked at this stage is a matter which need to be considered by the 2nd respondent, in accordance with the statutory provisions dealing with the subject. It is for the 2nd respondent to consider Ext.P5 and to take an appropriate decision thereon. Interest of justice will be achieved by directing the 2nd respondent to consider Ext.P5 and to take an appropriate decision within a time limit.
3. Therefore the writ petition is disposed of by directing the 2nd respondent to consider Ext.P5 and to dispose of the same in accordance with law, if necessary after affording opportunity of personal hearing to the petitioner. A decision on Ext.P5 shall be taken at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment.
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C.K. ABDUL REHIM, JUDGE Pn