The Manager v. State Of Kerala
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 20TH DAY OF MARCH 2015/29TH PHALGUNA, 1936 WP(C).No. 21869 of 2014 (G) ---------------------------- PETITIONER(S):
-------------------------- THE MANAGER ELAYIDAM B.V.L.P.SCHOOL, KADAMERI PO, VADAKARA TALUK KOZHIKODE DISTRICT 673 507 BY ADV. SRI.R.K.MURALEEDHARAN RESPONDENT(S):
----------------------------
1. STATE OF KERALA REPRESENTED BY SECRETARY TO GENERAL EDUCATION DEPARTMENT THIRUVANANTHAPURAM-01.
2. THE DISTRICT EDUCATIONAL OFFICER VADAKARA, KOZHIKODE DISTRICT 673 103.
3. THE ASSISTANT EDUCATIONAL OFFICER NADAPURAM PO, KALLACHI, KOZHIKODE DISTRICT 673 105
4. T.SUMATHY(HEADMISTRESS UNDER SUSPENSION) SURAJ BHAVAN, CHOKLI PO, THALASSERY KANNUR DISTRICT 673 101.
R4 BY ADV. SRI.T.V.JAYAKUMAR NAMBOODIRI R,R BY ADV. GOVERNMENT PLEADER SMT A LOWSY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20-03-2015, ALONG WITH WPC. 22908/2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 21869 of 2014 (G) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXHIBIT P1 COPY OF THE SUSPENSION ORDER DATED 27/5/2009 EXHIBIT P2 COPY OF THE CIRCULAR DATED 17/6/2013 ISSUED BY THE 2NBD RESPONDENT EXHIBIT P3 COPY OF THE ORDER PASSED BY THE DPI DATED 20/4/2011 EXHIBIT P4 COPY OF THGE ORDER DATED 14/2/2012 EXHIBIT P5 COPY OF THE COMMUNICATION FROM THE 3RD RESPONDENT DATED 5/11/2012 EXHIBIT P6 COPY OF THE ORDER DATED 14/11/2012 OF THE PETITIONER EXHIBIT P7 COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATION DATED 15/2/2013 EXHIBIT P8 COPY OF THE REQUEST DATED 20/3/2013 EXHIBIT P9 COPY OF THE APPLICATION FOR REVIEW DATED 25/5/2013 FILED BY THE 4TH RESPONDENT BEFGORE THE 2ND RESPONDENT EXHIBIT P10 COPY OF THE RELEVANT PAGES OF THE JUDGMENT IN WPC NO.
28022/20123 DATED 12/6/2013 EXHIBIT P11 COPY OF THE ENQUIRY REPORT OF THE 3RD RESPONDENT DATED 15/5/2013 EXHIBIT P12 COPY OF THE NOTICE DATED 17/6/2013 ISSUED TO THE 4TH RESPONDENT EXHIBIT P13 COPY OF THE REPLY FILED BY THE 4TH RESPONDENT DATED 5/7/2013 EXHIBIT P13(A) COPY OF THE FILED BY THE 4TH RESPONDENT DATED 12/7/2013 EXHIBIT P14 COPY OF THE ORDER DATED 16/8/2012 EXHIBIT P15 COPY OF THE REQUEST SUBMITTED BEFORE THE 2ND RESPONDENT DATED 10/9/2013 EXHIBIT P16 COPY OF THE JUDGMENT IN WPC NO.
A.MUHAMED MUSTAQUE, J.
~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).Nos.21869/2014 & 22908/2014 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 20th Day of March, 2015
J U D G M E N T
Petitioner in W.P.(C).No.22908/2014 is the Headmistress of an aided school and she was suspended from service pending disciplinary proceedings by the fourth respondent-Manager, who is the petitioner in W.P. (C).No.21869/2014. The Manager has approached this Court challenging Ext.P17 order (produced in W.P.(C). No.21869/2014) directing him to reinstate the petitioner in W.P.(C).No.22908/2014.
WPC NOS.21869/2014 & 22908/2014 -:2:- 2.
It is submitted by the learned counsel appearing for the Manager that the Headmistress is found guilty of 20 charges out of 23 charges and it has been decided by the Manager to remove her from service. However, considering the fact that the Headmistress is due to retire on 31/03/2015, taking a lenient view, the Manager is now proposing to impose reduction in pension alone. It is submitted that the Manager will submit proposal of penalty on 23/03/2015 before the District Educational Officer. 3.
In the facts and circumstances, the following directions are issued:
i.
On receipt of the proposal of penalty from the Manager the District Educational Officer shall take a decision within three days thereon to grant sanction.
WPC NOS.21869/2014 & 22908/2014 -:3:- ii.
Thereafter, the Manager shall take a decision thereon within a further period of three days to impose penalty iii.
The Headmistress shall be reinstated in the service, at any rate, on or before 31/03/2015. iv.
The Headmistress is at liberty to challenge imposition of penalty. No costs.
Sd/- (A.MUHAMED MUSTAQUE, JUDGE) ms