High Court of KeralaWP(C)/17186/2015disposed of

Joseph Andrews C v. State Of Kerala

2015-11-26Honourable Mr.Justice K.Vinod Chandran6 pages

IN THE HIGH COURT OF KERALA AT ERNAKULAM

PRESENT:

THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 26TH DAY OF NOVEMBER 2015/5TH AGRAHAYANA, 1937 ---------------------------- PETITIONER(S):

-------------------------- JOSEPH ANDREWS C H.S.A(MATHS) MAUNATHUL ISLAM HIGHER SECONDARY SCHOOL (MIHSS)PONNANI P.O.PONNANI SOUTH, MALAPPURAM - 679 586.

BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S):

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

1. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION THIRUVANANTHAPURAM - 695 001.

2. THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM - 695 001.

3. THE DEPUTY DIRECTOR OF EDUCATION MALAPPURAM 679 673.

4. THE DISTRICT EDUCATIONAL OFFICER TIRUR - 676 101.

5. MANAGER, MAUNATHUL ISLAM HIGHER SECONDARY SCHOOL (MIHSS)PONNANI P.O.PONNANI SOUTH, MALAPPURAM - 679 586.

6. THE HEADMASTER, MAUNATHUL ISLAM HIGHER SECONDARY SCHOOL (MIHSS)PONNANI P.O.PONNANI SOUTH, MALAPPURAM - 679 586.

R5&6 BY ADV. SRI.K.RAMAKUMAR (SR.) R5&6 BY ADV. SRI.S.M.PRASANTH R5&6 BY ADV. SRI.C.DINESH R5&6 BY ADV. SMT.ASHA BABU R5&6 BY ADV. SRI.G.RENJITH R5&6 BY ADV. SMT.JINNU SARA GEORGE R BY GOVERNMENT PLEADER SMT. M.J. RAJASREE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26-11-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

-------------------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P1:

TRUE COPY OF THE SUSPENSION ORDER DATED 29/12/2008. EXT.P2:

TRUE COPY OF THE DUTY CERTIFICATE ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD EXT.P3:

TRUE COPY OF THE LETTER DATED 8/1/2009.

EXT.P4:

TRUE COPY OF THE ORDER DATED 24/3/2009.

EXT.P5:

TRUE COPY OF THE ORDER DATED 22/3/2010.

EXT.P6:

TREU COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT EXT.P7:

TRUE COPY OF THE RECEIPT GIVEN TO THE PETITIONER EVIDENCING LODGING OF COMPLAINT EXT.P8:

TRUE COPY OF THE ORDER DATED 31/10/2013 ISSUED BY THE 5TH RESPONDENT.

EXT.P9:

TRUE COPY OF THE SUSPENSION ORDER DATED 27/1/2014. EXT.P10:

TRUE COPY OF THE LEAVE APPLICATION SUBMITTED BY PETITIONER EXT.P11:

TRUE COPY OF THE ORDER DATED 11/2/2014.

EXT.P12:

TRUE COPY OF THE APPEAL DATED 20/3/2014.

EXT.P13:

TRUE COPY OF THE ORDER DATED 18/2/2014.

EXT.P14:

TRUE COPY OF THE CHARGE MEMO AND STATEMENT OF ALLEGATIONS ISSUED TO THE PETITIONER EXT.P15:

TRUE COPY OF THE LETTER DATED 29/3/2014.

EXT.P16:

TRUE COPY OF THE LETTER DATED 27/11/2013.

EXT.P17:

TRUE COPY FO THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXT.P18:

TRUE COPY OF THE REPLY/EXPLANATION SUBMITTED BY THE PETITIONER IN REPLY TO EXT.P14.

CONTD..2..

.. 2 ..

EXT.P19:

TRUE COPY OF THE ORDER DATED 16/9/2014.

EXT.P20:

TRUE COPY OF THE LETTER DATED 12/12/2014.

EXT.P21:

TRUE COPY OF THE SUSPENSION ORDER DATED 16/2/2015. EXT.P22:

TRUE COPY OF THE ORDER DATED 31/3/2015.

RESPONDENT(S)' EXHIBITS --------------------------------------- EXT.R5(A) COPY OF NOTICE DTD. 25.8.15 ISSUED BY THE GOVERNMENT TO THE PETITIONER.

EXT.R5(B) COPY OF LETTER DTD. 20.01.2009 TENDERING APOLOGY BY THE PETITIONER.

EXT.R5(C) COPY OF ORDER NO.40/14 DTD. 27.12.14 ISSUED BY R5 TO THE PETITIONER.

ANNEXURE R5(D) COPY OF THE ORDER DTD. 30.6.15 PAASSED BY THE SECRETARY TO GOVERNMENT.

// TRUE COPY // P.A TO JUDGE.

K. VINOD CHANDRAN, J.

===================== ====================== Dated this the 26th day of November, 2015

J U D G M E N T

The issue raised in the above writ petition relates to the suspension of the petitioner, an H.S.A (Maths), in the 5th respondent school. The petitioner was suspended as per Ext.P21 on 16.02.2015. The specific contention of the petitioner is that no prior approval was taken for extending the suspension beyond the 15 days period as provided under proviso to sub-rule

(7) under Rule 67 of Chapter XIV K.E.R.

2. The learned Senior Counsel appearing for respondents 5 and 6 submits that the Manager has filed a revision, in which; it is stated that Ext.R5(a) communication has been issued to the petitioner, the Manager and the Headmaster, wherein it has been directed that the affected parties appear on

03.09.2015.

3. The learned Counsel for the petitioner also submits that an order was issued to the Deputy Director of Education by the revisional authority, directing the order of reinstatement to be kept in abeyance, produced at Ext.R5(a), which the petitioner alleges was without notice to the petitioner.

4. In any event, since revision is pending before the Government, it is only proper that the matter be heard and disposed of finally. The petitioner and the respondent does not agree as to whether the matter was heard fully. In such circumstance, the revisional authority shall issue a notice to both the petitioner and the 5th respondent with a date of hearing, within two weeks from the date of receipt of the certified copy of this judgment and the same shall be heard on the date posted and finally disposed off within one month from the date of hearing.

The writ petition is disposed of without any observations on merits and leaving open all the contentions of either parties.

Sd/- K. VINOD CHANDRAN, JUDGE SB/26/11/2015 // true copy // P.A to Judge.