ABDUL NAZEER M Vs. STATE OF KERALA

JUDGEMENT

(1.) A question of common occurrence relating to the competence of an authority in one department to order the suspension of a Subordinate Officer received on deputation from another department arises for consideration in this case. Resolution of the same centers around the interpretation of Rules 10 and 19 of the Kerala Civil Services (Classification, Control and Appeals) Rules. The question, in my view, seems to be res integra. I, therefore, heard the counsel on either side elaborately.

(2.) Petitioner, who entered Government service as Second Grade Surveyor in the Department of Survey and land Records, was posted on deputation in various departments. He was suspended by the Division Forest Officer, Thrissur Division, second respondent herein. Said order of suspension has been challenged by the petitioner essentially on the ground that he could be suspended either by the appointing authority or by the authority to which the appointing authority is subordinate or by an authority who is empowered in that behalf. Contention is that the Divisional Forest Officer lacks jurisdiction to suspend an officer who belongs to the Department of Survey and Land records and who is posted in Forest department only on deputation. The scope of Rule 10 of Kerala Civil Services (CC & A) Rules, 1960, hereinafter referred to as "Rules", falls for consideration in this writ petition. Since the challenge is essentially on the ground of lack of jurisdiction, I have heard the counsel on either side only in relation to the said question.

(3.) Petitioner who entered service as second Grade Surveyor, was later promoted as First Grade Surveyor with effect from 19.6.2007. Petitioner was deputed to the Divisional Forest Office, Thrissur, pursuant to an earlier deputation to various Departments. While so, by Ext.P7 order dated 22.11.2007, petitioner was suspended from service by the second respondent, Divisional Forest Officer, Thrissur. The relevant portion of Ext.P7 reads as follows:-