LAWS(KER)-2005-9-67

PRADEEP KUMAR Vs. STATE OF KERALA

Decided On September 09, 2005
PRADEEP KUMAR Appellant
V/S
STATE OF KERALA Respondents

JUDGEMENT

(1.) The question for consideration is whether the Secretary of a Municipality is competent to suspend the Municipal Engineer, invoking Section 49(1)(k) of the Kerala Municipality Act, 1994 (hereinafter referred to for short 'the Act') and/or Rule 15 of the Kerala Municipal Common Service Rules (for short 'the Rules') made under the Kerala Municipal Corporations Act, 1961 which stands repealed with effect on and from 30th May, 1994.

(2.) Petitioner, while working as Municipal Engineer in the 4th respondent-Municipality, has been placed under suspension as per Ext. P4 order dated 20-5-2005 passed by the 5th respondent who is the Secretary of the Municipality. At the relevant time the 6th respondent was holding the post of the Secretary and she has been impleaded eo-nominee.

(3.) Brief facts leading to Ext. P4 may be stated as follows: The Municipal Council of the 4th respondent resolved that the Secretary of the Municipality shall offer explanation with respect to 10 items referred to in Ext. P2 letter dated 17-5-2005 of the 3rd respondent-Chairman. Ext. P3 shows that the Municipal Council passed a unanimous resolution on 17-5-2005 to request the Government of Kerala to transfer the 5th respondent-Secretary to any other Municipality. Consequent to Exts. P2 and P3, Ext. P4 order was passed by the Secretary on 20-5-2005 placing the petitioner under suspension raising allegations against him that he was the person responsible for the irregularities connected with C.F. lamps referred to in Ext. P2. On 21-5-2005 3rd respondent-Chairman issued Ext. P5 staying Ext. P4. However, the petitioner was not reinstated in service.