Mohamed Salih P vs State Of Kerala
2021 Latest Caselaw 3983 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    WEDNESDAY, THE 03RD DAY OF FEBRUARY 2021 / 14TH MAGHA,1942

                       WP(C).No.27870 OF 2020(G)


PETITIONER:

                MOHAMED SALIH P
                AGED 34 YEARS
                S/O. ABDURAHIMAN P, LPSA, AMLP SCHOOL, PATTARKADAVU,
                MALAPPURAM DISTRICT.

                BY ADV. DR.GEORGE ABRAHAM

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL
                EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001

      2         DISTRICT EDUCATIONAL OFFICER,
                MALAPPURAM 676 306

      3         ASSISTANT EDUCATIONAL OFFICER,
                MALAPPURAM 676 306

      4         MANAGER,
                AMLP SCHOOL, PATTARKADAVU, MALAPPURAM DISTRICT 676
                519

                R1 TO 3 - SRI.RAJASEKHARAN NAIR,SENIOR GOVERNMENT
                PLEADER R4 - SRI.T.K.SAJEEV


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
03.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.27870 OF 2020
                                2




                          JUDGMENT

Dated this the 3rd day of February 2021

The learned counsel for the petitioner submits that the

Manager, by Ext.R4(a) order, has recalled the suspension

order issued against the petitioner and that what survives for

consideration is Ext.P12 representation preferred by the

petitioner before the 3rd respondent.

2. Heard the learned counsel appearing on either side,

I am of the opinion that it is for the 3 rd respondent to take an

appropriate decision on Ext.P12. There will, accordingly, be

a direction to the AEO to consider Ext.P12 request made by

the petitioner, after hearing the petitioner and the Manager

through any appropriate means, including by video

conferencing and to pass orders thereon, within a period of

one month from the date of receipt of a copy of this

judgment.

WP(C).No.27870 OF 2020

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN

JUDGE

ssa WP(C).No.27870 OF 2020

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE MANAGER DATED 26-11-2018

EXHIBIT P2 TRUE COPY OF MEMO OF CHARGES DATED 24-1-

EXHIBIT P3 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 4-10-2019

EXHIBIT P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE MANAGER DATED 4-10-2019 TO THE ASSISTANT EDUCATIONAL OFFICER, MALAPPUTRAM.

EXHIBIT P5 TRUE COPY OF THE ORDER ISSUED BY THE A.E.O, MALAPPURAM, DATED 15-10-2019

EXHIBIT P6 TRUE COPY OF THE AFFIDAVIT EXECUTED BY FAIZAL BABU, DATED 29-10-2019

EXHIBIT P7 TRUE COPY OF THE AFFIDAVIT EXECUTED BY SMT.

SALMA ABOOBACKER, DATED 29-10-2019

EXHIBIT P8 TRUE COPY OF THE ORDER PASSED BY THE DISTRICT EDUCATIONAL OFFICER DATED 30-07-

EXHIBIT P9 TRUE COPY OF THE ORDER PASSED IN CMP NO.

1275/2020 DATED 20-10-2020

EXHIBIT P10 TRUE COPY OF THE ORDER PASSED BY THE SPECIAL COURT (ADDITIONAL SESSIONS COURT-1) MANCHERI, DATED 20-10-2020

EXHIBIT P11 TRUE COPY OF THE PETITION FILED BY THE PETITIONER BEFORE THE 4TH RESPONDENT DATED 9-11-2020

EXHIBIT P12 TRUE COPY OF THE PETITION FILED BEFORE THE ASSISTANT EDUCATIONAL OFFICER DATED 28-11-

EXHIBIT P13 TRUE COPY OF THE GOVERNMENT ORDER, GO(RT) NO. 2266/20/G.EDN DATED 3-07-2020 WP(C).No.27870 OF 2020

RESPONDENT'S/S EXHIBITS:

EXHIBIT R4(A) TRUE COPY OF ORDER NO.01/2020-21 DATED 26.12.2020.