Suresh K. vs the State of Kerala

Suresh K. vs The State of Kerala

Type Court Judgment Court Kerala Decided Oct 06, 2022

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Citation: sooperkanoon.com/1547088
Court: Kerala High Court
Judge: Honourable Mr. Justice Raja Vijayaraghavan V
Decided On: Oct 06, 2022
Case Number: WP(C)/31442/2022

Parties & Advocates

Appellant / Petitioner

Suresh K.

Respondent

The State of Kerala

Excerpt

.....and the learned government pleader and have considered the submissions advanced.3. in view of the order that i propose to pass, no prejudice would be caused to the 4th respondent if notice is dispensed with.4. after having carefully evaluated the contentions raised in thiswrit petition, the submissions made across the bar, and the facts and circumstances, i am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions: a) there will be a direction to the 1st respondent to take up, consider and pass appropriate orders on ext.p3, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and the 4th respondent. b) orders, as directed above, shall be passed expeditiously, in any event, within three months from the date of production of a copy of this judgment. until orders are passed on ext.p3, proceedings pursuant to exts.p2 and p4 shall be kept in abeyance in so far as the petitioner is concerned. c) it would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action. this writ petition is disposed of. sd/- raja vijayaraghavan v judge sru appendix of wp(c) 31442/2022 petitioner’s exhibits exhibit p1 true copy of the enquiry report furnished by the assistant director (exams), higher secondary dated 27/02/2021. exhibit p2 true copy of the order no.ex.viii (vc2)/20452/2018/dge dated 22/01/2022 of the director of general education. exhibit p3 true copy of the appeal submitted by the petitioner before the government dated exhibit p3a true copy of the covering letter of the petitioner addressing the principal dated exhibit p4 true copy of the letter no.900/c4/2022/rdd/cngr dated 29/08/2022 of the rdd hse, chengannur addressing the principal. respondents exhibits : nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V THURSDAY, THE 6TH DAY OF OCTOBER 2022 / 14TH ASWINA, 1944 WP(C) NO. 31442 OF 2022 PETITIONER/S: SURESH K. AGED 45 YEARS SON OF M.KARUNAKARAN NAIR, HSST (MALAYALAM), HIGHER SECONDARY SCHOOL, THIRUVAMPADY, PAZHAVEEDU, ALAPPUZHA - 688 009 (RESIDING AT SRAMPIKKAL HOUSE, NO.23/2600, VATTATHARA LANE, PANCHAYATH RAJ ROAD, PALLURUTHY P.O., ERNAKULAM - 683 006).
BY ADVS. V.A.MUHAMMED P.A.JENZIA RESPONDENT/S: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM - 695 001. 2 THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY WING), HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM - 695 001. 3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY EDUCATION, CHENGANNUR, ALAPPUZHA DISTRICT - 689 121. 4 THE PRINCIPAL HIGHER SECONDARY SCHOOL, THIRUVAMPADY, PAZHAVEEDU, ALAPPUZHA DISTRICT - 688 009. SMT.NISHA BOSE, SR GP THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 06.10.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

The petitioner contends that on an allegation that errors were committed by him in awarding marks while functioning as Assistant Examiner, disciplinary proceedings were initiated against him. On conclusion of the enquiry, the petitioner was awarded a punishment of barring one increment. Challenging the orders, the petitioner is stated to have preferred Ext.P3 appeal before the 1st respondent. According to the petitioner, pending consideration of the appeal, the 3rd respondent has now issued Ext.P4 letter calling upon the Principal to implement the order. It is in the afore circumstances that this writ petition is filed seeking the following reliefs:-

(i) call for the records relating to Exts.P1, P2 and P4 and set aside the originals of the same by the issue of a writ of certiorari or other appropriate writ or order.

(ii) issue a writ of mandamus or other appropriate writ, order or

directions commanding the 1st respondent to take decision on Ext.P3 and with notice to the petitioner, within a time limit and keeping in abeyance proceedings in furtherance of Exts.P2 and P4.

(iii) to dispense with filing of English translation of vernacular documents produced in the writ petition.

2. I have heard Sri. Sajjad, the learned counsel appearing for the petitioner and the learned Government Pleader and have considered the submissions advanced.

3. In view of the order that I propose to pass, no prejudice would be caused to the 4th respondent if notice is dispensed with.

4. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar, and the facts and circumstances, I am of the view that this writ petition can be disposed of at the admission stage itself by issuing the following directions: a) There will be a direction to the 1st respondent to take up, consider and pass appropriate orders on Ext.P3, after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorized representative and the 4th respondent. b) Orders, as directed above, shall be passed expeditiously, in any event, within three months from the date of production of a copy of this judgment. Until orders are passed on Ext.P3, proceedings pursuant to Exts.P2 and P4 shall be kept in abeyance in so far as the petitioner is concerned. c) It would be open to the petitioner to produce a copy of the writ petition along with the judgment before the concerned respondent for further action. This writ petition is disposed of. Sd/- RAJA VIJAYARAGHAVAN V JUDGE Sru APPENDIX OF WP(C) 31442/2022 PETITIONER’S EXHIBITS Exhibit P1 TRUE COPY OF THE ENQUIRY REPORT FURNISHED BY THE ASSISTANT DIRECTOR (EXAMS), HIGHER SECONDARY DATED 27/02/2021. Exhibit P2 TRUE COPY OF THE ORDER NO.EX.VIII (VC2)/20452/2018/DGE DATED 22/01/2022 OF THE DIRECTOR OF GENERAL EDUCATION. Exhibit P3 TRUE COPY OF THE APPEAL SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED Exhibit P3A TRUE COPY OF THE COVERING LETTER OF THE PETITIONER ADDRESSING THE PRINCIPAL DATED Exhibit P4 TRUE COPY OF THE LETTER NO.900/C4/2022/RDD/CNGR DATED 29/08/2022 OF THE RDD HSE, CHENGANNUR ADDRESSING THE PRINCIPAL. RESPONDENTS EXHIBITS : NIL

Same Court & Year Kerala · 2022 Same Parties Suresh K. vs The State of Kerala Same Judge Honourable Mr. Justice Raja Vijayaraghavan V