Harilal P B vs State Of Kerala
2021 Latest Caselaw 6744 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                  PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

   THURSDAY, THE 25TH DAY OF FEBRUARY 2021 / 6TH PHALGUNA, 1942

                       WP(C).No.4883 OF 2021(I)


PETITIONER:

               HARILAL P B
               AGED 54 YEARS
               HEAD MASTER, V.V.M HIGHER SECONDARY SCHOOL,
               MARAKKARA, KADAMPUZHA, MALAPPURAM-676 553

               BY ADV. SRI.P.C.SASIDHARAN

RESPONDENTS:

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

      2        THE DIRECTOR OF GENERAL EDUCATION,
               O/O THE DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
               THIRUVANANTHAPURAM-695 014

      3        THE DISTRICT EDUCATIONAL OFFICER,
               OFFICE OF THE DISTRICT EDUCATIONAL OFFICER, THIRUR,
               MALAPPURAM-676 101

      4        THE MANAGER,
               V.V.M HIGHER SECONDARY SCHOOL, MARAKKARA, KADAMPUZHA,
               MALAPPURAM-676 553


OTHER PRESENT:

               SR GP NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
25.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.4883 OF 2021(I)

                                 2

                          JUDGMENT

Dated this the 25th day of February 2021

This writ petition is filed seeking the following prayers:-

"(i) To issue a writ of certiorari or other appropriate writ, order or direction to quash Exhibit P3 and P4.

(ii) To issue a writ of mandamus or other appropriate writ, order or direction directing the 1st respondent to consider Ext.P5 revision petition and pass appropriate orders therein.

(iv) To issue a writ of mandamus or other appropriate writ, order or direction directing the respondents to consider Ext.P5 revision petition and pending consideration of the revision petition keep Exts.P3 and P4 in abeyance."

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 it has been categorically found by the

Educational Authorities that no proper enquiry in terms of

Rule 75 of Chapter XIV A, KER has been held against the WP(C).No.4883 OF 2021(I)

petitioner. However, by Ext.P4, the District Educational

Officer has granted permission for imposing penalty of

barring of one increment for one year and also treating the

period of suspension of the petitioner as duty without any

monetary benefits except the subsistence allowance drawn

by him. The petitioner has preferred Ext.P5 revision petition

as against Ext.P4 order and seeks a consideration of the

same, taking note of the factual aspects including the fact

that a proper enquiry had not been conducted against the

petitioner.

4. The learned Government Pleader submits that

Ext.P5 revision petition can be considered with notice to the

petitioner as well as the Manager.

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

direction to the 1st respondent to take up, consider and pass

orders on Ext.P5 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 and to pass orders thereon within a WP(C).No.4883 OF 2021(I)

period of three months from the date of receipt of a copy of

this judgment. Implementation of Ext.P4 shall be kept in

abeyance till orders are passed as directed above.

This writ petition is ordered accordingly.

Sd/-

ANU SIVARAMAN JUDGE Bng/25.02.2021 WP(C).No.4883 OF 2021(I)

APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE ORDER DATED 21.08.2019 ISSUED BY THE GOVERNMENT.

EXHIBIT P2 TRUE COPY OF THE JUDGMENT DATED 18.12.2019 IN W.P.C 24811 OF 2019.

EXHIBIT P3 TRUE COPY OF THE SHOW CAUSE MEMO ISSUED BY THE MANAGER DATED 15.09.2020.

EXHIBIT P4 TRUE COPY OF THE ORDER NO.B1/2544/2018/K.DIS DATED 24.11.2020 ISSUED BY THE DISTRICT EDUCATIONAL OFFICER, TIRUR.

EXHIBIT P5 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 13.01.2021.