T.N.Muraleedharan v. The District Educational Officer, Kannur
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.BHAVADASAN FRIDAY, THE 11TH DAY OF DECEMBER 2015/20TH AGRAHAYANA, 1937 WP(C).No. 37600 of 2015 (Y) ---------------------------- PETITIONER(S):
--------------- T.N.MURALEEDHARAN, AGED 47 YEARS S/O.GOVINDAN NAMBIAR, THIYYANCHERINADUVILEVEETIL P.O.MORAZHA, PANTHOTTAM, KANNUR DISTRICT.[HEADMASTER DARUL IMAN MUSLIM L.P.SCHOOL, (UNDER SUSPENSION)]. BY ADVS.SRI.C.P.PEETHAMBARAN SMT.MINI.V.A.
RESPONDENT(S)/RESPONDENTS:-:
----------------------------
1. THE DISTRICT EDUCATIONAL OFFICER KANNUR - 670 001.
2. THE ASSISTANT EDUCATIONAL OFFICER PAPPINASSERY, KANNUR DISTRICT, PIN - 670 561.
3. THE MANAGER DARUL IMAN MUSLIM L.P.SCHOOL, KANNAPURAM P.O.CHERUKUNNU, KANNUR - 670 301.
BY GOVERNMENT PLEADER SMT.M.J.RAJASREE SRI.M.SAJJAD FOR R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 11-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 37600 of 2015 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------ EXHIBIT P1. TRUE COPY OF THE NOTICE DATED 17.07.2015 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P2. TRUE COPY OF THE LETTER DATED 04.09.2015 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT WITH THE ENDORSEMENT OF THE 2ND RESPONDENT.
EXHIBIT P3. TRUE COPY OF THE APPLICATION DATED 04.09.2015 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT WITH THE ENDORSEMENT OF THE 2ND RESPONDENT.
EXHIBIT P4. TRUE COPY OF THE REPLY DATED 05.10.2015 ISSUED BY THE 2ND RESPONDENT.
EXHIBIT P5. TRUE COPY OF THE COMPLAINT SUBMITTED BY THE 3RD RESPONDENT MANAGER BEFORE THE 1ST RESPONDENT. EXHIBIT P6. TRUE COPY OF THE SHOW CAUSE NOTICE DATED 03.11.2015 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P7. TRUE COPY OF THE REPLY DATED 18.11.2015 GIVEN BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P8. TRUE COPY OF THE REVISION FILED BY THE PETITIONER DATED 01.12.2015 BEFORE THE 1ST RESPONDENT.
RESPONDENT(S)' EXHIBITS ----------------------- NIL //TRUE COPY// P.A.TO JUDGE ami/
P.BHAVADASAN, J.
------------------------------------- W.P.(C)No.37600 of 2015 ---------------------------------- Dated this the 11th day of December, 2015.
J U D G M E N T
The prayer in this writ petition is limited to a direction to the 1st respondent to take up Ext.P8 representation made by the petitioner and dispose of it on merit after hearing all the affected parties. The petitioner has approached this Court seeking the following interim relief :
"xxxxx to pass an order directing the 1 st respondent to consider and dispose Exhibit P8 review petition forthwith, pending disposal of the writ petition."
2. The petitioner was under suspension from the post of Headmaster on 5.5.2015 and the petitioner pointed out that as per Rule 67 of Chapter XIV-A KER, if the suspension period exceeds 6 months, it has to be reviewed ; but it has not been done by the authorities concerned and therefore he filed Ext.P8 representation before the 1st respondent seeking a review in terms of the rules.
W.P.(C)No.37600 of 2015
3. It is submitted on behalf of the Manager of the School that punishment has already been imposed and sanction has been sought for terminating the petitioner's service. Whatsoever, the limited prayer in this writ petition is to dispose of Ext.P8 and the respondents can have no objection for the relief granted.
4. Taking into consideration of the submission of the learned counsel for the petitioner, this writ petition is disposed of, directing the authorities concerned to take up the matter and dispose of Ext.P8 as expeditiously as possible, after taking into consideration the subsequent events in the matter and after hearing all the affected parties, within a period of 2 weeks from the date of receipt of copy of this judgment.
Sd/- P.BHAVADASAN, JUDGE.
ami/14/12/15 //True copy// P.A. to Judge