Sobin George vs The State Of Kerala
2021 Latest Caselaw 11002 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   WEDNESDAY, THE 07TH DAY OF APRIL 2021 / 17TH CHAITHRA, 1943

                       WP(C).No.8795 OF 2021(Y)


PETITIONER:

               SOBIN GEORGE
               AGED 36 YEARS
               SON OF GEORGE V.P, MECHANIC, NIRMALA COLLEGE,
               MUVATTUPUZHA, ERNAKULAM DISTRICT-686 661, (RESIDING
               AT VENDERAMYALIL, MUVATTUPUZHA, ERNAKULAM DISTRICT-
               686 661)

               BY ADVS.
               SRI.V.A.MUHAMMED
               SRI.M.SAJJAD

RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY ITS SECRETARY TO GOVERNMENT, HIGHER
               EDUCATION DEPARTMENT, SECRETARIAT,
               THIRUVANANTHAPURAM-695 001.

      2        THE DIRECTOR OF COLLEGIATE EDUCATION,
               VIKAS BHAVAN, THIRUVANANTHAPAURAM-695 033.

      3        THE CORPORATE MANAGER,
               CORPORATE EDUCATIONAL AGENCY, DIOCESE OF
               KOTHAMANGALAM, BISHOPS HOUSE, KOTHAMANGALAM,
               ERNAKULAM DISTRICT-686 691.

      4        THE PRINCIPAL,
               NIRMALA COLLEGE, MUVATTUPUZA, ERNAKULAM DISTRICT-686
               661.


OTHER PRESENT:
             SMT.NISHA BOSE-GP

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
07.04.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.8795 OF 2021(Y)

                                  2

                          JUDGMENT

Dated this the 7th day of April, 2021

This writ petition is filed seeking the following prayers:-

"(i) call for the records relating to Exhibits P-9 and P10 and set aside the originals of the same it by the issue of a writ of certiorari or other appropriate writ or order.

(ii) call for Exhibit P10 and interfere the same to the extend it fail to consider the legality and proprietary and procedural lapse of the enquiry conducted against the petitioner, the enquiry report and the punishment awarded upon the petitioner and the extension of probation.

(iii) issue a writ of mandamus or appropriate writ or mandamus directing the respondents to declare the probation of the petitioner w.e.f the due date and also disburse the normal increment without delay.

(iv) issue a writ of mandamus or other appropriate writ, order or direction commanding the 1 st respondent to consider and pass orders on Exhibit P13 within a time limit and with notice to the petitioner."

2. Heard the learned counsel for the petitioner and

the learned Government Pleader.

3. It is submitted by the learned counsel for the

petitioner that against Ext.P10 order of the Manager, the

petitioner had approached the Deputy Director of Education,

who has passed Ext.P12 order without considering any of WP(C).No.8795 OF 2021(Y)

the contentions raised by the petitioner in Ext.P11. It is

submitted that as against Ext.P12, the petitioner has

approached the Government with Ext.P13 revision petition

and seeks a consideration of the same.

4. Having heard the learned Government Pleader

also, there will be a direction to the 1 st respondent to take

up, consider and pass orders on Ext.P13 revision petition

preferred by the petitioner with notice to the petitioner as

well as the Manager and after hearing them through any

appropriate means including video conferencing 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

Bng/08.04.2021 WP(C).No.8795 OF 2021(Y)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER NO F4/20915/2019/COLL.EDUN.DEPT/K.DIS DATED 11.10.2019 OF THE DIRECTOR OF COLLEGIATE EDUCATION

EXHIBIT P2 TRUE COPY OF THE INFORMATION RECEIVED UNDER THE RIGHT TO INFORMATION ACT VIDE NO E1/13459/2020/CE DATED 15.4.2020

EXHIBIT P2 (A) TRUE COPY OF THE APPLICATION UNDER RIGHT TO INFORMATION ACT MADE BY THE PETITIONER

EXHIBIT P3 TRUE COPY OF THE GO(MS) NO 60/2016/H.EDN DATED 29.2.2016

EXHIBIT P3 (A) TRUE COPY OF THE TABLE APPENDED TO THE GO (MS) NO 60/2016/H.EDN DATED 29.2.2016

EXHIBIT P4 TRUE COPY OF THE CIRCULAR NO E1/41800/2018/COL.EDN DATED 16.11.2018 O THE DIRECTOR OF COLLEGIATE EDUCATION

EXHIBIT P5 TRUE COPY OF THE MEMO OF CHARGE VIDE NO CEK/HE/319 /2020 DATED 4.5.2020 ISSUED BY 3RD RESPONDENT

EXHIBIT P5 (A) TRUE COPY OF THE CHARGE SHEET VIDE NO CEK/HE/321/2020 DATED 12.5.2020 ISSUED BY 3R RESPONDENT

EXHIBIT P6 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 16.5.2020

EXHIBIT P7 TRUE COPY OF THE LETTER NO CEK/HE/326/2020 DATED 19.5.2020 OF THE 3RD RESPONDENT WP(C).No.8795 OF 2021(Y)

EXHIBIT P8 TRUE COPY OF THE LETTER NO CEK/HE/327/2020 DATED 29.5.2020 OF THE 3RD RESPONDENT

EXHIBIT P9 TRUE COPY OF THE ENQUIRY REPORT DATED 29.5.2020 FURNISHED BY THE ENQUIRY OFFICERS TO THE MANAGER

EXHIBIT P9 (A) TRUE COPY OF THE COVERING LETTER NO CEK/HE/328/2020 DATED 1.6.2020 OF THE 3RD RESPONDENT

EXHIBIT P10 TRUE COPY OF THE LETTER NO CEK/HE/330/2020 DATED 2.6.2020 OF THE MANAGER

EXHIBIT P11 TRUE COPY OF THE APPEAL MEMORANDUM DATED 6.6.2020 FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT (WITHOUT EXHIBITS)

EXHIBIT P12 TRUE COPY OF THE ORDER NO F4/18412/2020/DCE DATED 17.2.2021 OF THE 2ND RESPONDENT

EXHIBIT P13 TRUE COPY OF THE REVISION PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 16.3.2021