WP(C) NO. 26899 OF 2024 1 2025:KER:30707 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE D. K. SINGH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 26899 OF 2024 PETITIONER: A.C. ANUP KUMAR AGED 50 YEARS S/O K.D. RAJAH, 28/798, RAJAH APARTMENTS, P.O. MANKAV, KOZHIKODE, PIN - 673007 BY ADVS. MAHESH V RAMAKRISHNAN PRAVEEN K.S. NANCY RAFFY RESPONDENTS: 1 THE MALABAR DEVASWOM BOARD REPRESENTED BY ITS SECRETARY, HOUSEFED COMPLEX, P.O. ERANJIPALAM, KOZHIKODE –, PIN - 673006 2 THE HEREDITARY TRUSTEE SREE VALAYANAD DEVASWOM, P.O.KOMMERI, KOZHIKODE –, PIN - 673007 3 SREE VALAYANAD DEVASWOM REP. BY ITS EXECUTIVE OFFICER, P.O.KOMMERI, KOZHIKODE –, PIN - 673007 BY ADV SHARAN SHAHIER R.RANJANIE -SC PARVATHY KOTTOL-GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 26899 OF 2024 2 2025:KER:30707 JUDGMENT The petitioner, who is holding the post of Clerk in the 3rd respondent temple under the 1st respondent, Malabar Devaswom Board, is facing disciplinary proceedings. The disciplinary proceedings have been pending since 2012, and the petitioner is still under suspension. An employee cannot be kept for suspension for such a long period, i.e, thirteen years. The respondents have not been able to complete the enquiry even after 13 years, and therefore, the suspension itself has become a punitive action, which is against the spirit of placing an employee facing disciplinary proceedings under suspension. 2. Therefore, the suspension order is set aside. The respondents are directed to reinstate the petitioner forthwith and conclude the enquiry expeditiously, preferably within three months, subject to the petitioner's cooperation. With the aforesaid direction, the present writ petition stands finally disposed of. Sd/- D. K. SINGH AP JUDGE WP(C) NO. 26899 OF 2024 3 2025:KER:30707 APPENDIX OF WP(C) 26899/2024 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE GOVERNMENT ORDER DATED 10-07- 2021 Exhibit P2 TRUE COPY OF THE JUDGEMENT DATED 05-12-2023 IN WPC 19314 OF 2021 OF THIS HON'BLE COURT. Exhibit P3 TRUE COPY OF THE APPLICATION DATED 24-01-2024 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT Exhibit P4 TRUE COPY OF THE LETTER NO. A 5-562/2024 DATED 27-01-2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. Exhibit P5 TRUE COPY OF THE LETTER DATED 01-02-2024 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER Exhibit P6 TRUE PHOTOCOPY OF THE NEWSPAPER ADVERTISEMENT DATED 04-04-2024 PUBLISHED IN MANGALAM DAILY