A Division Bench of the Kerala High Court on Monday set aside the order suspending N.G.Sreemon, Thodupuzha Circle Inspector from service for involving himself in a civil dispute case.
The Bench comprising Justice A.M.Shaffique and Justice Gopinath P, however, directed the disciplinary authority to take appropriate action against the officer in accordance with the law.
A single judge had ordered his suspension on a writ petition filed by Babychan Varkey.
The Bench observed that suspension of an officer arises only when the disciplinary authority prima facie forms an opinion that the officer should be kept under suspension pending inquiry. When a court directs that an officer should be suspended, it virtually negates the right of such an officer to challenge the order of suspension in appropriate proceedings.
The single judge might have issued the order because the officer was involved in several misconducts, but still it was not appropriate for the court to direct suspension of an officer of the government, the bench said.
