Full Judgment
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN TUESDAY, THE 1ST DAY OF AUGUST 2023 / 10TH SRAVANA, 1945 WP(C) NO. 25104 OF 2023 PETITIONER: THE MANAGER AIDED SENIOR BASIC SCHOOL, MANNALUR PALAKKAD DISTRICT, PIN - 678 502. BY ADVS. RAJESH SIVARAMANKUTTY MAYA C.P. VIJINA K. ARUL MURALIDHARAN RESPONDENTS: 1 STATE OF KERALA REP. BY PRINCIPAL SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM, PIN - 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM, PIN - 695 001. 3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION CIVIL STATION PALAKKAD, PIN - 678 001. 4 THE ASSISTANT EDUCATIONAL OFFICER OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER, KUZHALMANNAM, PALAKKAD DISTRICT., PIN - 678 702. 5 V. HARIDAS AGED 57 YEARS S/O VELAYUDHAN, THANIKKAL HOUSE, THARUVAKURISHI, KANNADI POST, PALAKKAD DISTRICT., PIN - 678 701.
WP(C) No. 25104 of 2023 2 OTHER PRESENT: SMT.SURYA BINOY-SR.GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.08.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) No. 25104 of 2023 3
JUDGMENT
Dated this the 1st day of August, 2023 This writ petition is filed seeking the following reliefs:- i. “issue a Writ of Mandamus or any other appropriate Writ Order of Direction commanding the 1st Respondent to consider Exhibit P-6 within a time frame fixed by this Hon’ble Court after hearing the petitioner and till then to stay Implementation of Exhibit P-5;”
2. Heard the learned counsel for the petitioner and the learned Government Pleader.
3. It is submitted by the learned counsel for the petitioners
that as against Ext.P5 report of enquiry submitted by the DEO in disciplinary proceedings against the 5 th respondent, the petitioner has preferred Ext.P6 revision petition dated 31.1.2023, but the same has not been considered till date. It is further submitted that the 5 th respondent had approached this Court seeking reinstatement and a contempt of court case is also WP(C) No. 25104 of 2023 4 pending in the matter.
4. Having heard the learned Government Pleader also, I am
of the opinion that Ext.P6 revision petition is liable to be considered in accordance with law, taking note of the contentions raised by the petitioner. There will, accordingly, be a direction to the 1st respondent to take up, consider and pass orders on Ext.P6 revision petition with notice to the petitioner as well as the 5 th respondent and after hearing them. Appropriate orders shall be passed within a period of three months from the date of receipt of a copy of this judgment. This writ petition is ordered accordingly. Sd/- ANU SIVARAMAN JUDGE SRJ WP(C) No. 25104 of 2023 5 APPENDIX OF WP(C) 25104/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE ORDER NO. 1/2017 DATED 9-11- 2017 PASSED BY THE PETITIONER WITH COPY TO 5 TH RESPONDENT Exhibit P2 A TRUE COPY OF THE CHARGE MEMO DATED 22-6- 2022 AND THE CHARGES DATED 23-6-2022 SERVED ON THE 5 TH RESPONDENT BY THE PETITIONER Exhibit P3 TRUE COPY OF THE LETTER DATED 10-8-2022 SUBMITTED BY THE PETITIONER BEFORE THE 4 TH RESPONDENT Exhibit P4 TRUE COPY OF THE ORDER NO. VB5/50754/2018/DPI DATED 2-11-2018 PASSED BY THE 2 ND RESPONDENT Exhibit P5 TRUE COPY OF THE LETTER NO.C/1464/2019 DATED
24-9-2022 ENCLOSING THE REPORT CONSEQUENT TO ENQUIRY UNDER CHAPTER XIVA RULE 75 OF KER ISSUED BY THE 5 TH RESPONDENT TO PETITIONER. Exhibit P6 TRUE COPY OF THE REVISION DATED 31-1-2023 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. Exhibit P7 TRUE COPY OF THE AFFIDAVIT DATED 22-7-2023 SUBMITTED BY THE PETITIONER AS 5 TH RESPONDENT IN CON. CASE (C) NO.1208/2023 BEFORE THIS HONORABLE COURT