Hariharan.K vs State Of Kerala
2021 Latest Caselaw 5954 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

            THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    THURSDAY, THE 18TH DAY OF FEBRUARY 2021 / 29TH MAGHA,1942

                        WP(C).No.4254 OF 2021(F)


PETITIONER/S:

                HARIHARAN.K,AGED 50 YEARS
                S/O BALAKRISHNAN NAIR,
                HEADMASTER (UNDER SUSPENSION) AUP SCHOOL,
                CHEMBARASSERI P O,CHEMBARASSERI, MALAPPURAM-676521,
                RESIDING AT HARISREE CHEMBARASSERI P O, PANDIKKAD,
                MALAPPURAM DISTRICT, PIN-676521.

                BY ADVS.
                SRI.D.KISHORE
                SMT.MEERA GOPINATH
                SMT.ARYA JOSEPH

RESPONDENT/S:

      1         STATE OF KERALA
                REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
                EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
                THIRUVANANTHAPURAM-695001.

      2         THE DISTRICT EDUCATIONAL OFFICER
                MALAPPURAM, MALAPPURAM P O, PIN-676505.

      3         THE ASSISTANT EDUCATIONAL OFFICER
                MANJERI, MALAPPURAM DISTRICT, PIN-676121.

      4         THE MANAGER
                AUP SCHOOL, CHEMBARASSERI P O, CHEMBARASSERI
                DISTRICT, PIN-676521.


OTHER PRESENT:

                SR GP:SMT.NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
18.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4254 OF 2021(F)                2




                                 JUDGMENT

This writ petition is filed seeking the following reliefs:

"(i) Issue a writ of mandamus or other appropriate writ, direction or order directing the 1st respondent to consider and pass orders on Exhibit P14 statutory Revision Petition with notice to the petitioner and the 4th respondent expeditiously.

(ii) Issue a writ of mandamus or any other appropriate writ, direction or order directing the respondents not to act on Exhibit P13 order till the final outcome of Exhibit P14 Revision Petition."

2. Heard the learned counsel appearing for the petitioner as also

the learned Government Pleader appearing for the respondents. In view of

the directions being issued, notice to the 4th respondent is dispensed with.

3. It is submitted by the learned counsel for the petitioner that as

against Ext.P13 order dated 10.02.2021 issued by the Manager imposing

punishment of reversion on the petitioner, the petitioner has approached

the Government with Ext.P14 Revision Petition and seeks a consideration of

the same. It is submitted that the further proceedings on Ext.P13 will be

kept in abeyance till the Revision is disposed of.

4. The learned Government Pleader opposes this prayer and

submits that Ext.P14 stay petition has been preferred before the

Government, which will be considered with notice to the parties, in

accordance with law.

5. In the above view of the matter, there will be a direction to the

1st respondent to take up, consider and pass appropriate orders on Ext.P14

Revision Petition in accordance with law within three months from the date

of receipt of a copy of this judgment. During the pendency of the Revision

Petition, the stay petition preferred by the petitioner will be considered

expeditiously, at any rate, within three weeks from the date of receipt of a

copy of this judgment with notice to the petitioner as well as the 4 th

respondent and appropriate orders shall be passed with regard to the

interim arrangement during the pendency of the Revision Petition. It is

made clear that the hearing on the stay petition can be conducted through

any appropriate means including video conferencing. Status quo as on

today shall be maintained till orders are passed on the stay petition as

directed above.

The writ petition is disposed of as above.

Sd/-

ANU SIVARAMAN JUDGE

sd

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE SUSPENSION OF THE PETITIONER DATED 21.08.2019 ISSUED BY THE 4TH RESPONDENT.

EXHIBIT P2 TRUE COPY OF THE MEMO OF CHARGES DATED 21.8.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P2(A) TRUE COPY OF THE STATEMENT OF ALLEGATION DATED 21.8.2019 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.

EXHIBIT P3 TRUE COPY OF THE ORDER NO B1/5236/2019 DATED 4/11/2019 OF THE 2ND RESPONDENT.

EXHIBIT P4 TRUE COPY OF THE GO (MS) NO.2153/2020/G.EDN DATED 25/06/2020 OF THE 1ST RESPONDENT.

EXHIBIT P5 TRUE COPY OF THE ORDER DATED 20.11.2020 IN WPC 17659/2020 OF THIS HONOURABLE COURT.

EXHIBIT P6 TRUE COPY OF THE JUDGMENT DATED 18/1/2021 IN WPC NO.29222/2020 OF THIS HONOURABLE COURT.

EXHIBIT P7 TRUE COPY OF THE NOTICE DATED 25/8/2020 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE PROCEEDINGS NO B1/5236/2019 DATED 25/1/2021 OF THE 2ND RESPONDENT.

EXHIBIT P9 TRUE COPY OF THE PROCEEDINGS NO B1/5236/2019 DATED 5.2.2021 OF THE 2ND RESPONDENT.

EXHIBIT P10 TRUE COPY OF THE HEARING NOTES SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT ON 8/2/2021.

EXHIBIT P11 TRUE COPY OF THE ORDER NO.K.DIS B1/5236/2019 DATED 8/2/2021 OF THE 2ND RESPONDENT.

EXHIBIT P12 TRUE COPY OF THE MEMORANDUM OF REVISION PETITION SUBMITTED BY THE PETITIONER ON 12.2.2021 BEFORE THE RESPONDENT CHALLENGING EXHIBIT P11 ORDER OF THE 2ND RESPONDENT.

EXHIBIT P13 TRUE COPY OF THE ORDER NO.2/2021 DATED 10.02.2021 OF THE 4TH RESPONDENT.

EXHIBIT P13(A) TRUE COPY OF THE POSTAL ACKNOWLEDGMENT EVIDENCING THE DATE OF RECEIPT OF EXHIBIT P13.

EXHIBIT P14 MEMORANDUM OF REVISION PETITION SUBMITTED BY THE PETITIONER ON 16/2/2021 CHALLENGING EXHIBIT P13 ORDER OF THE 4TH RESPONDENT BEFORE THE 1ST RESPONDENT.