SADHIQ Vs. STATE OF KERALA

JUDGEMENT

(1.) The appellant filed W.P.(C)No.43038 of 2024, invoking the writ jurisdiction of this Court under Article 226 of the Constitution of India, seeking an order directing the 3rd respondent Suspension and Review Committee (Vigilance Department) to consider Ext.P3 application dtd. 17/4/2024, which is one filed seeking review of Ext.P2 order of suspension dtd. 18/1/2024 issued by the 4th respondent District Collector, Thrissur, whereby the appellant-writ petitioner, who was working as the Village Officer, Thekkumkara Village, under the Revenue Department of the State, was placed under suspension with effect from 15/1/2024, invoking the provisions under Rule 10(1)(b) of the Kerala Civil Services (Classification, Control and Appeal) Rules, 1960 since he was arrested by the Deputy Superintendent of Police, Vigilance and Anti-Corruption Bureau, Thrissur, on 15/1/2024 at 02.50 p.m., in Vigilance Case No.01/2024/TSR registered under Sec. 7(a) of the Prevention of Corruption Act, 1988 and Sec. 34 of the Indian Penal Code, 1860.

(2.) The learned Single Judge, by the impugned judgment dtd. 5/12/2024 dismissed the writ petition. Since the appellantwrit petitioner has already been issued with a charge sheet in the disciplinary proceedings, the learned Single Judge found no ground, at this stage, to entertain the writ petition. Feeling aggrieved, the appellant has filed this writ appeal, invoking the provisions under Sec. 5(i) of the Kerala High Court Act, 1958.

(3.) Heard the learned counsel for the appellant-writ petitioner and the learned Senior Government Pleader for the respondents on the question of maintainability of a writ petition under Article 226 of the Constitution of India concerning recruitment and conditions of service of persons appointed to public services and posts in connection with the affairs of Union or of any State.