Sindhu P vs State Of Kerala
2021 Latest Caselaw 1067 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

               THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

    TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

                         WP(C).No.821 OF 2021


PETITIONER:

               SINDHU P.,
               AGED 43 YEARS,
               LOWER PRIMARY SCHOOL ASSISTANT,
               CHERUVANCHERRY WEST L.P.SCHOOL,
               PO CHERUVANCHERRY 670 650,
               KANNUR DISTRICT

               BY ADV. SRI.POOVAMULLE PARAMBIL ABDUL KAREEM

RESPONDENTS:

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

      2        DIRECTOR OF GENERAL EDUCATION,
               OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
               THIRUVANANTHAPURAM 695 001.

      3        SUPER CHECK OFFICER,
               SUPER CHECK SELL (MALABAR REGION),
               CIVIL STATION, KOZHIKODE 673 020.

      4        DEPUTY DIRECTOR OF EDUCATION,
               OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
               KANNUR 670 001

      5        ASSISTANT EDUCATIONAL OFFICER,
               KUTHUPARAMABA, KANNUR DISTRICT 670 643.

      6        MANAGER,
               CHERUVANCHERY, WEST L.P.SCHOOL,
               PO CHERUVANCHERY 670 650

      7        HEAD MASTER,
               CHERUVANCHERY WEST L.P SCHOOL,
               PO CHERUVANCHERY 670 650
 WP(C).No.821 OF 2021                -2-




OTHER PRESENT:

               SR.GP - NISHA BOSE

     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.821 OF 2021             -3-




                             JUDGMENT

Dated this the 12th day of January 2021

This writ petition is filed challenging Exts.P1, P2 &

P13 orders as also seeking a direction to the 1 st respondent

to consider Ext.P10 revision petition expeditiously.

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 challenging orders passed alleging bogus

admissions in the School, the petitioner has preferred

Ext.P10 revision petition before the first respondent. It is

submitted that during the pendency of Ext.P10, Ext.P13

show cause notice has been issued threatening to impose

penalty on the petitioner.

3. It is submitted by the learned counsel for the

petitioner that if factual aspects of the matter had been

explained by the petitioner before the Government in

Ext.P10 revision petition and in case Ext.P10 revision is

properly considered by the Government, it will be clear

that there were no bogus admissions and that there was no

requirement for taking disciplinary action against the

petitioner.

4. Having heard the learned Government Pleader

also, I am of the opinion that the statutory revision petition

preferred by the petitioner is to be considered by the

Government in accordance with law. There will be a

direction to the first respondent to take up, consider and

pass orders on Ext.P10 revision petition with notice to the

petitioner as well as the Manager and any other affected

parties and to pass orders on the same within a period of

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

judgment. It is made clear that hearing pending can be

conducted through any appropriate means including video

conferencing. Till orders are passed on Ext.P10 revision

petition by the Government, further proceedings pursuant

to Ext.P13 with regard to the petitioner shall be kept in

abeyance.

Sd/-

                                          ANU SIVARAMAN

    vv                                        JUDGE





                           APPENDIX
    PETITIONER'S/S EXHIBITS:



    EXHIBIT P1         TRUE COPY OF THE PROCEEDINGS

NO.SC/150/2016/KKD DATED 17.7.2017 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P2 TRUE COPY OF ORDER NO.SC/150/2016/K/K/D DATED 19/6/2018 ISSUED BY THE 2ND RESPONDENT

EXHIBIT P3 TRUE COPY OF THE TRANSFER CERTIFICATES ISSUED BY THE HEAD MASTER OF CHERUVANCHERI WEST LP SCHOOL ALONG WITH LETTER DATED 27/11/2018 OF THE HEAD MASTER CONCERNED

EXHIBIT P4 TRUE COPY OF THE TRANSFER CERTIFICATES ISSUED BY THE HEAD MASTER OF CHERUVANCHERI WEST LP SCHOOL ALONG WITH LETTER OF THE HEAD MASTER CONCERNED

EXHIBIT P5 TRUE COPY OF THE TRANSFER CERTIFICATES ISSUED BY THE HEAD MASTER OF CHERUVANCHERI WEST LP SCHOOL ALONG WITH AN AFFIDAVIT DATED 25.5.2019 OF THE PARENT CONCERNED.

EXHIBIT P6 TRUE COPY OF THE TRANSFER CERTIFICATES ISSUED BY THE HEAD MASTER OF CHERUVANCHERI WEST LP SCHOOL ALONG WITH AN AFFIDAVIT DATED 25.5.2019 OF THE PARENT CONCERNED.

EXHIBIT P7 TRUE COPY OF LETTER DATED 13.9.2017 ISSUED BY THE HEAD MASTER CONCERNED

EXHIBIT P8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 27.11.2018 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P9 TRUE COPY OF THE REPLY DATED 29.12.2018

ISSUED BY THE 4TH RESPONDENT

EXHIBIT P10 TRUE COPY OF THE REVISION PETITION DATED 3.6.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT

EXHIBIT P11 TRUE COPY OF THE CHARGE MEMO DATED 31.10.2019 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P12 TRUE COPY OF THE REPLY DATED 31.10.2020 SUBMITTED BY THE PETITIONER

EXHIBIT P13 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 9.12.2020 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P14 TRUE COPY OF THE REPLY DATED 19.12.20 SUBMITTED BY THE PETITIONER