K. Kishore Kumar vs State of Kerala, The Secretary to Government, The Chief Engineer and The Director, Vigilance Department

S. Siri Jagan, J.—This writ petition is filed challenging the suspension of the petitioner by Ext.P2 order. The petitioner was originally an employee of the Irrigation Department. Subsequently, he was absorbed in the Local Self Government Department. According to the petitioner, therefore, Ext.P2 order of suspension issued by the Secretary of the Water Resources Department is without jurisdiction insofar as the petitioner is not an employee of the Water Resources Department.

In view of the said contention, I directed the learned Government Pleader as follows on 7.9.2010.

The Govt. Pleader shall get instructions in the question of jurisdiction raised by the petitioner. According to the petitioner, the Secretary of the Water Resources Department has no power to suspend the petitioner since the petitioner is an employee of the Local Self Government Department. Post after a week.

Today, the learned Government Pleader, on instructions, submits that Ext.P2 order was passed under the mistaken impression that the petitioner is still an employee of the Irrigation Department. In view of the said submission, it is clear that Ext.P2 order has been issued without jurisdiction. Accordingly, Ext.P2 is quashed. However, I make it clear that it would be open to the appropriate authority to take further proceedings in the matter.

The writ petition is disposed of as above.