Kerala High Court
Jameela K vs State Of Kerala on 18 February, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942
WP(C).No.30818 OF 2012(B)
PETITIONER:
JAMEELA K.
AGED 50 YEARS
H.S.A(MATHEMATICS),SULLAMUSSALAM ORIENTAL HIGH
SCHOOL,AREACODE-673639,MALAPPURAM DISTRICT.
BY ADV. SRI.KALEESWARAM RAJ
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY SECRETARY TO GOVERNMENT,DEPARTMENT OF GENERAL
EDUCATION,SECRETARIAT,THIRUVANANTHAPURAM,PIN-695001.
2 DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM-695001.
3 DEPUTY DIRECTOR OF EDUCATION
MALAPPURAM-673001.
4 DEPUTY DIRECTOR OF EDUCATION
MALAPPURAM-673001.
5 DISTRICT EDUCATIONAL OFFICER
WANDOOR,MALAPPURAM DISTRICT-673032.
6 MANAGER
SULLAMUSSALAM ORIENTAL HIGH SCHOOL,AREACODE-673638,MALAPPURAM
DISTRICT.
*ADDL PARENT TEACHERS ASSOCIATION, SULLUMUSSALAM ORIENTAL HIGH
R7 SCHOOL, AREACODE, MALAPPURAM DISTRICT, PIN - 673 639
REPRESENTED BY ITS PRESIDENT.
*(ADDL R7 IS IMPLEADED AS PER ORDER DATED 18.02.2013 IN
IA.2699/2013.)
BY ADV. SRI.K.H.ASIF
BY ADV. SRI.K.JAJU BABU
BY ADV. SRI.C.A.MAJEED
BY ADV. SRI.S.SREEKUMAR SR.
BY ADV. SRI.P.B.UNNIKRISHNAN NAIR
OTHER PRESENT:
SRI.P.M.MANOJ-SR.GP.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.02.2021,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.30818 OF 2012(B)
2
JUDGMENT
The petitioner says that while she was working as a Higher
Secondary School Teacher (HSST) in Mathematics in 'Sullamussalam
Oriental High School', Areacode, Malappuram, she was placed under
suspension on certain allegations and a disciplinary action was
proposed. She says that she, has therefore, approached this Court
through this writ petition and that by order, dated 27.02.2013,
another learned Judge of this Court stayed the disciplinary action
and ordered her reinstatement in service. She says that,
subsequently, she retired from service and no disciplinary action
was, thereafter, continued or proceeded against her. The petitioner,
therefore, prays that this writ petition be ordered, confirming the
interim order dated 27.02.2013.
2. In response to the submissions of the petitioner as argued
by her learned counsel, Smt.Thulasi Raj, the learned Senior
Government Pleader, Sri.P.M.Manoj and the learned counsel for the
Manager - Smt.Molty Majeed, confirmed that the status obtained
after the interim order of this Court is still being maintained and
that the petitioner has retired from service.
3. It is, therefore, obvious that no further action can now be
taken against the petitioner; and in any event of the matter, on
WP(C).No.30818 OF 2012(B)
account of efflux of more than eight years, the allegations made
against the petitioner have now become stale and would be
incapable of being proceeded against in any manner.
In the afore circumstances, I order this writ petition confirming
the interim order dated 27.02.2013 and directing that no further
action based on the allegations against the petitioner shall be
continued or proceeded any manner whatsoever.
SD/-
DEVAN RAMACHANDRAN
rp JUDGE
WP(C).No.30818 OF 2012(B)
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE NOTICE DATED 13.8.2012 ISSUED BY
THE 6TH RESPONDENT TO THE PETITIONER.
EXHIBIT P2 TRUE COPY OF THE REPLY DATED 14.8.2012 SUBMITTED
BY THE PETITIONER TO THE 6TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE LETTER DATED 10.9.2012 ISSUED BY
THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P4 TRUE COPY OF THE LETTER NO.102 DATED 20.10.2012
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P5 TRUE COPY OF THE LETTER DATED 22.10.2012
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT.
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 2.11.2012 ISSUED BY
THE 4TH RESPONDENT.
EXHIBIT P7 TRUE COPY OF THE LETTER DATED 3.11.2012 SUBMITTED
BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE LETTER DATED 3.11.2012 SUBMITTED
BY THE PETITIONER TO THE 4TH RESPONDENT.
EXHIBIT P9 TRUE COPY OF THE LETTER DATED 5.11.2012 SUBMITTED
BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P10 TRUE COPY OF THE LETTER DATED 5.11.2012 SUBMITTED
BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
EXHIBIT P11 TRUE COPY OF THE MEMO OF CHARGES DATED 1.11.2012
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P12 TRUE COPY OF THE QUESTIONNAIRE DATED 15.10.2012
TOGETHER WITH ANSWERS.
EXHIBIT P13 TRUE COPY OF THE LETTER DATED 10.11.2012
SUBMITTED BY THE PETITIONER TO THE 5TH
RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE LETTER DATED 9.11.2012 ISSUED BY
THE 5TH RESPONDENT.
EXHIBIT P15 TRUE COPY OF THE LETTER DATED 30.11.2012 ISSUED
BY THE 6TH RESPONDENT.
WP(C).No.30818 OF 2012(B)
EXHIBIT P16 TRUE COPY OF THE LETTER DATED 12.12.2012
SUBMITTED BY THE PETITIONER BEFORE THE 4TH
RESPONDENT.
RESPONDENT'S/S EXHIBITS:
EXHIBIT R5(A) PHOTOCOPY OF THE NEWS ITEM PUBLISHED ON
21.10.2012 IN SUNDAY TIMES OF TIMES OF INDIA.
EXHIBIT R5(B) PHOTOCOPY OF THE REPORT DATED 17.8.2012 SUBMITTED
BY THE 6TH RESPONDENT TO THE 5TH RESPONDENT.
EXHIBIT R5(C) PHOTOCOPY OF THE MINUTES OF THE MEETING HELD ON
11.9.2012.
EXHIBIT R5(D) PHOTOCOPY OF THE NEWS ITEM PUBLISHED IN
DESHABIMANI NEWSPAPER ON 10.10.2012.
EXHIBIT R5(E) PHOTOCOPY OF THE REVISION PETITION SUBMITTED
BEFORE THE GOVERNMENT.
EXHIBIT R5(F) PHOTOCOPY OF THE REPLY TO EXT.P11 FILED BY THE
PETITIONER DATED 29.12.2012.
EXHIBIT R5(G) A PHOTOCOPY OF THE ORDER PASSED BY THE IST
RESPONDENT DATED 7.11.2012.
EXHIBIT R5(H) PHOTOCOPY OF THE LETTER ISSUED BY THE 15 TEACHERS
OF THE 5TH RESPONDENT SCHOOL.
EXHIBIT R5(I) A PHOTOCOPY OF THE UNDERTAKING DATED 26.11.1985
OF THE PETITIONER.
EXHIBIT R5(J) A PORTION OF THE CLOTH USED FOR STICHING THE OVER
COAT.
EXHIBIT R5(K) A PHOTOCOPY OF THE LETTER DATED 16.8.2012
SUBMITTED BY P.K.SAFIA.
