IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
WP(C) NO. 20618 OF 2022
PETITIONER/S:
MUHAMMED HUSSAIN
AGED 52 YEARS
S/O. SAID MUHAMMED MASTER, HEAD MASTER, ALP SCHOOL,
KOTTARASSERI, ALATHUR, PALAKKAD, RESIDING AT ANSAR MANZIL,
THEKKEPOTTA, PUTHUCODE, PALAKKAD DISTRICT - 678 687.
BY ADV K.MOHANAKANNAN
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM -695 001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION,
KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD - 678 001.
4 DISTRICT EDUCATION OFFICER,
DISTRICT EDUCATIONAL OFFICE, MUNICIPAL COMPLEX, ROBINSON
RD, OPP. GOVERNMENT HOSPITAL, SANTHI NAGAR, SULTANPET,
PALAKKAD DISTRICT - 678014.
5 THE ASSISTANT EDUCATION OFFICER,
ASSISTANT EDUCATION OFFICE, ERATTAKULAM,
ALATHUR, PALAKKAD - 678682.
6 THE MANAGER,
ALP SCHOOL, KOTTARASSERI, ALATHUR,
PALAKKAD DISTRICT - 678 687.
SMT. NISHA BOSE, SR. GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 20618 OF 2022 2
JUDGMENT
The petitioner states that while working as the Headmaster of ALP School, Kottarasseri, he was served with a show-cause notice alleging withdrawal of certain amounts earmarked for noon feeding. After following the procedure, Ext.P5 order was passed as per which, punishment was confirmed and the Educational Officer was directed to re-assess the amounts which were liable to be recovered. Though the petitioner filed an explanation, he was imposed with a liability of Rs.68,857/- and his increment was barred. Challenging the said order, the petitioner is stated to have preferred Ext.P13 appeal before the 4th respondent invoking the provisions of Chapter XIV A of the KER. Seeking expeditious consideration of the appeal preferred by the petitioner and also for staying coercive proceedings till the disposal of the appeal, the petitioner has approached this Court with this writ petition.
2. Heard Sri.K.Mohanakannan, the learned counsel appearing for the petitioner and Smt.Nisha Bose, the learned Senior Government Pleader.
3. In the nature of the order that I propose to pass, notice to the 6th respondent 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 WP(C) NO. 20618 OF 2022 3 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 4th respondent to take up, consider and pass appropriate orders on Ext.P13 after affording an opportunity of being heard, either physically or virtually, to the petitioner herein or his authorised representative and the 6th respondent.
b) Orders, as directed above, shall be passed expeditiously, in any event, within a period of three months from the date of production of a copy of this judgment. Until orders are passed on Ext.P13, coercive proceedings pursuant to Ext.P12 shall be kept in abeyance.
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 WP(C) NO. 20618 OF 2022 4 APPENDIX OF WP(C) 20618/2022 PETITIONER(S) EXHIBITS :
Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE NO.VB6/27074/2016/DPI DATED 19/03/2018 OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.
Exhibit P2 TRUE COPY OF OBJECTION OF THE PETITIONER DATED 25/04/2018 FORWARDED BY REGISTERED POST AGAINST EXT.P1.
Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO. C-2961/2014 DATED 10/05/2019 OF THE ASSISTANT EDUCATION OFFICER, ALATHUR.
Exhibit P4 TRUE COPY OF ARGUMENT NOTES OF THE PETITIONER DATED 26/07/2019 BEFORE THE DIRECTOR OF PUBLIC INSTRUCTION.
Exhibit P5 TRUE COPY OF THE ORDER NO. VB(6)27074/2016/DGE DATED 04/03/2020 OF THE ADDITIONAL DIRECTOR (GENERAL & VIGILANCE OFFICER), OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.
Exhibit P6 TRUE COPY OF THE SHOW CAUSE NOTICE NO.
C/1574/2021 DATED 28/04/2021 FROM THE ASSISTANT EDUCATION OFFICER, ALATHUR.
Exhibit P7 TRUE COPY OF THE APPLICANT'S REQUEST DATED 28/06/2021.
Exhibit P8 TRUE COPY OF THE LETTER NO.C/1574/2021 DATED 14/07/2021.
Exhibit P9 TRUE COPY OF THE SHOW CAUSE NOTICE WITH MEMO OF CHARGES VIDE REF. NO.C/1574/2021 DATED 31/03/2022.
WP(C) NO. 20618 OF 2022 5Exhibit P10 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 04/04/2022.
Exhibit P11 TRUE COPY OF THE EXPLANATION OF THE MANAGER, ALP SCHOOL, KOTTARASSERI, ALATHUR.
Exhibit P12 TRUE COPY OF THE ORDER NO.C/1574/2022 DATED 13/05/2022 OF THE ASSISTANT EDUCATION OFFICER, ALATHUR.
Exhibit P13 TRUE COPY OF THE APPEAL DATED 07/06/2022.
RESPONDENT(S) EXHIBITS : NIL