RAJENDRA BABU Vs. STATE OF KERALA

JUDGEMENT

(1.) Heard Mr. C.P. Sudhakara Prasad for appellant and Mr. P.K. Ravikrishnan, Government Pleader for respondents. The appeal is directed against the judgment in O.P. 12177/97 of a learned single Judge of this Court dated 2.9.1997 directing the second respondent District Medical Officer of Health, Kollam to disburse the subsistence allowance with arrears to the petitioner within one month from the date of the judgment subject to the production of non employment certificate to the office of the second respondent. The appellant filed the Original Petition for quashing the suspension order under Ext. P1 dated 18.7.1995 and for reinstatement in service. He was placed under suspension while he was holding the post of Health Inspector Gr. II. The allegation against the appellant is in respect of some irregularities noticed in the drawal and disbursement of T. A. and D.A. to the staff of P.H. Centre, Chithirapuram for the period from 30.8.1990 to 30.3.1991 in the Sub Treasury, Devikulam. The appellant was at that time working as Junior Health Inspector Gr. II in P.H. Centre, Chithirapuram. According to him he has no part to play either for drawal or for disbursement of the amount mentioned in Ext. P1. Therefore, he contended that he cannot be held liable for the act alleged in Ext. P1 order of suspension. It is also submitted that as a result of the suspension the appellant K.N. Rajendra Babu was hospitalised for paralysis of his left side in Sankar Memorial Hospital, Kollam for more than 4 1/2 months and thereafter he had undergone regular treatment for more than one year. In the above circumstances he submitted that keeping the appellant under suspension for more than two years without framing charges is totally illegal and against the rules. Though criminal case was registered against him in 1995, the investigation has not been completed. The Writ Petition was disposed of by a learned single Judge of this Court by giving a direction to disburse the subsistence allowance with arrears.

(2.) The Writ Appeal was filed by Rajendra Babu on 21.11.1997 and subsequent to the filing of this appeal he died on 12.1.1998. His wife and children were impleaded as legal representatives of the deceased Rajendra Babu as appellants 2 to 6, as per order dated 12.6.1998 in C.M.P. 671/98. The wife of the deceased appellant has now filed an additional affidavit seeking certain modified prayers in view of the death of the appellant Rajendra Babu. The appellant Rajendra Babu filed the Original Petition with the following prayers: -

(3.) R.56 B (2) Part I reads as follows: