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2017 (12) TMI 1866 - HC - Indian LawsSeeking to re-instate the petitioner in service - petitioner was placed under suspension from service with effect from 5-9-2016 under Rule 10 (3) of Kerala Civil Services (Classification, control & Appeal) Rules, 1960 on the reason that the petitioner was detained under custody for more than 48 hours - HELD THAT:- Suspension cannot be said to be a punishment. However, prolonged suspension amounts to punishment. In view of the above reason, this Court is of the view that the continued suspension of the petitioner will not be justified in this case. In the said circumstances, the petitioner is entitled to be re-instated in service immediately. For the said reason, the 2nd respondent is directed to pass affirmative orders on Ext. P22 as expeditiously as possible, and at any rate, within a period of 20 days from today. The learned Special Public Prosecutor will transmit a copy of this order to the 2nd respondent. Petition disposed off.
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