S.Venu vs State of Kerala

S.VENU vs State of Kerala

Type Court Judgment Court Kerala Decided Dec 31, 2021

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https://sooperkanoon.com/case/1722293

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Citation: sooperkanoon.com/1722293
Court: Kerala High Court
Judge: Honourable Mr.Justice Murali Purushothaman
Decided On: Dec 31, 2021
Case Number: WP(C)/30825/2021

Parties & Advocates

Appellant / Petitioner

S.VENU

Respondent

State of Kerala

Excerpt

.....petitioner in this writ petition is for a direction to dispose of ext.p7 by the first respondent.2. heard; the learned counsel for the petitioner and the learned government pleader. -:3:-3. in the nature of the relief i propose to pass notice to the third respondent is dispensed with.4. in the facts and circumstances of the caseand in the nature of the limited relief prayed for by the petitioner in the writ petition, the first respondent is directed to consider ext.p7 revision petition with notice to the petitioner and the third respondent within a period of three weeks from the date of receipt of a certified copy of this judgment. this writ petition is disposed of accordingly. sd/- murali purushothaman,judge dst/31.12.21 //true copy/ p.a.to judge -:4:- appendix petitioner exhibits: exhibit p1 true copy of the suspension order dated 4.9.2019 issued by the 3rd respondent to the petitioner.exhibit p2 true copy of the order vide no.b2/5574/2019 dated 31.1.2020, ordered by the 2nd respondent toreinstate the petitioner in service and transfer him to s.d.v.boys high school. exhibit p3 true copy of the order no.b2/5574/2019 dated 27.3.2020 cancelling the suspension and ordering reinstatement of the petitioner issued by the 2nd exhibit p4 true copy of the letter vide no.b2/5574/2019 dated 7.5.2020 issued by the 2nd respondent to the 3rdexhibit p5 true copy of the common judgment dated 12.8.2020 in wp(c) no.10386/2020, w.a.no.760/2020 and w.p.(c)no.10875/2020 of this hon'ble court. exhibit p6 true copy of the order vide no.b2/1417/2020/k.dis. dated 5.11.2021 issued by the 2nd respondent. exhibit p7 true copy of the revision petition dated 8.12.2021 (without enclosures) submitted by the petitioner before the 1st respondent. respondents' exhibits: nil

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN FRIDAY, THE 31ST DAY OF DECEMBER 2021 / 10TH POUSHA, 1943 WP(C) NO. 30825 OF 2021 PETITIONER: S.VENU, AGED 53 YEARS, HIGH SCHOOL TEACHER (SANSKRIT), S.D.V.BOYS HIGH SCHOOL, BY ADVS.SRI.K.JAJU BABU (SR.) SRI. BRIJESH MOHAN SRI. M.U.VIJAYALAKSHMI RESPONDENTS: 1 STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. 2 THE DISTRICT EDUCATIONAL OFFICER, ALAPPUZHA, OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, COLLECTORATE,

3 THE MANAGER, SANATANA DHARMA VIDYASALA SCHOOLS (S.D.V.SCHOOLS), REGISTERED OFFICE, BASANT HALL, BY GOVERNMENT PLEADER ADV. SRI. APPU P.S. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31.12.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: -:2:- Dated this the 31st day of December,2021

JUDGMENT

The petitioner is working as High School Teacher (Sanskrit) at the S.D.V. Boys High School under the third respondent. By Ext.P1, the petitioner was placed under suspension. Later, pursuant to Ext.P5, this Court directed an enquiry to be conducted to the charges levelled against the petitioner. The petitioner was reinstated in service on 19.08.2020. The second respondent passed Ext.P6 order treating the period of suspension from 04.09.2019 to 26.03.2020 as Leave Without Allowance. Challenging Ext.P6 to the extent aggrieved, the petitioner filed Ext.P7 revision petition before the Government. The limited prayer of the petitioner in this writ petition is for a direction to dispose of Ext.P7 by the first respondent.

2. Heard; the learned counsel for the petitioner and the learned Government Pleader. -:3:-

3. In the nature of the relief I propose to pass notice to the third respondent is dispensed with.

4. In the facts and circumstances of the case

and in the nature of the limited relief prayed for by the petitioner in the writ petition, the first respondent is directed to consider Ext.P7 revision petition with notice to the petitioner and the third respondent within a period of three weeks from the date of receipt of a certified copy of this judgment. This writ petition is disposed of accordingly. Sd/- MURALI PURUSHOTHAMAN,JUDGE DST/31.12.21 //True copy/ P.A.To Judge -:4:- APPENDIX PETITIONER EXHIBITS: EXHIBIT P1 TRUE COPY OF THE SUSPENSION ORDER DATED 4.9.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P2             TRUE    COPY    OF   THE    ORDER    VIDE
                       NO.B2/5574/2019     DATED      31.1.2020,
                       ORDERED   BY  THE   2ND   RESPONDENT   TO

REINSTATE THE PETITIONER IN SERVICE AND TRANSFER HIM TO S.D.V.BOYS HIGH SCHOOL. EXHIBIT P3 TRUE COPY OF THE ORDER NO.B2/5574/2019 DATED 27.3.2020 CANCELLING THE SUSPENSION AND ORDERING REINSTATEMENT OF THE PETITIONER ISSUED BY THE 2ND EXHIBIT P4 TRUE COPY OF THE LETTER VIDE NO.B2/5574/2019 DATED 7.5.2020 ISSUED BY THE 2ND RESPONDENT TO THE 3RD

EXHIBIT P5             TRUE COPY OF THE COMMON JUDGMENT DATED
                       12.8.2020   IN   WP(C)    NO.10386/2020,
                       W.A.NO.760/2020       AND        W.P.(C)

NO.10875/2020 OF THIS HON'BLE COURT. EXHIBIT P6 TRUE COPY OF THE ORDER VIDE NO.B2/1417/2020/K.DIS. DATED 5.11.2021 ISSUED BY THE 2ND RESPONDENT. EXHIBIT P7 TRUE COPY OF THE REVISION PETITION DATED 8.12.2021 (WITHOUT ENCLOSURES) SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. RESPONDENTS' EXHIBITS: NIL

Same Court & Year Kerala · 2021 Same Parties S.VENU vs State of Kerala Same Judge Honourable Mr.Justice Murali Purushothaman