High Court of KeralaWP(C)/4480/2015disposed of

Manilal P v. State Of Kerala

2015-02-12Honourable Mr. Justice A.Muhamed Mustaque4 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE THURSDAY, THE 12TH DAY OF FEBRUARY 2015/23RD MAGHA, 1936 WP(C).No. 4480 of 2015 (H) --------------------------- PETITIONER:

------------------- MANILAL. P, MANAGER, S.N.L.P SCHOOL, VETTIKATTIRI, ATTOOR P.O., MULLURKKARA (VIA), THRISSUR DISTRICT - 680 583.

BY ADVS.SRI.C.D.DILEEP SMT.SHYLAJA VARGHESE RESPONDENT(S):

--------------------------

1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION (S) DEPARTMENT, GOVERNMENT SECRETARIAT ANNEX, THIRUVANANTHAPURAM, PIN - 695 001.

2. THE ASSISTANT EDUCATIONAL OFFICER, ASSISTANT EDUCATION OFFICE, VADAKKANCHERRY, THRISSUR DISTRICT, PIN - 680 582.

3. ABDUL REHMAN C.M, CHITTOTHAYIL HOUSE, PALLOM P.O., DESAMANGALAM (VIA), THRISSUR DISTRICT, PIN - 680 501.

R1 & R2 BY SENIOR GOVERNMENT PLEADER SRI.VIJULAL.V THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12-02-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C).No. 4480 of 2015 (H) -------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS:

------------------------------------- EXT.P1 - A TRUE COPY OF THE COMPLAINT OF THE HEADMASTER DATED 12.11.2014.

EXT.P2 - A TRUE COPY OF THE INSPECTION REPORT OF THE 2ND RESPONDENT DATED 13.11.2014.

EXT.P3 - A TRUE COPY OF THE PAPER NEWS PUBLISHED IN MALAYALA MANORAMA DAILY DATED 13.11.2014.

EXT.P4 - A TRUE OCPY OF THE CHARGE MEMO WITH THE STATEMENT OF ALLEGATIONS DATED 15.12.2014.

EXT.P5 - A TRUE COPY OF THE SUSPENSION ORDER ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 20.12.2014. EXT.P6 - A TRUE COPY OF THE ORDER NO. E- 4959/2014 DATED 01.1.2015 ISSUED BY THE 2ND RESPONDENT.

EXT.P7 - TRUE COPY OF THE REPRESENTATION FILED BY THE PETITIONER TO THE 2ND RESPONDENT DATED 08.1.2015.

EXT.P8 - A TRUE COPY OF THE ORDER NO. E-4959/2014 DATED 16.1.2015 OF THE 2ND RESPONDENT.

EXT.P9 - A TRUE COPY OF THE REVISION PETITION WITHOUT ANNEXURES DATED 06.1.2015 PENDING BEFORE THE 1ST RESPONDENT. EXT.P10 - A TRUE COPY OF THE STAY PETITION DATED 06.1.2015 FILED ALONG WITH EXT. P9 PENDING BEFORE THE 1ST RESPONDENT. RESPONDENT(S)' EXHIBITS:

- NIL --------------------------------------- /TRUE COPY/ P.S. TO JUDGE mbr/

A.MUHAMED MUSTAQUE, J.

***************************************************** W.P.(C) No.4480 of 2015 ***************************************************** Dated this the 12th day of February, 2015

JUDGMENT

The petitioner is the Manager of S.N.L.P. School, Vettikattiri, an aided school. The third respondent is the Full Time Arabic teacher. The petitioner suspended the third respondent. The initial period of 15 days was affirmed by the second respondent. Thereafter, the second respondent refused to extend the suspension period. Exts.P6 and P8 are the orders. Aggrieved by these orders, the petitioner has approached the Government by Ext.P9 Revision Petition. The petitioner has also filed Ext.P10 stay application. In view of the limited request made before this Court, there shall be a direction to the first respondent to consider and pass appropriate orders on Ext.P9 after hearing the petitioner and the third respondent within a period of three

W.P.(C) No.4480 of 2015 2 months. In the meanwhile, the stay application application moved by the petitioner shall also be taken up within ten days from the date of receipt of a copy of this judgment. The writ petition is disposed of as above.

Sd/- A.MUHAMED MUSTAQUE, JUDGE ln