Citation : 2021 Latest Caselaw 21638 Ker
Judgement Date : 2 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
&
THE HONOURABLE MR.JUSTICE VIJU ABRAHAM
Tuesday, the 2nd day of November 2021 / 11th Karthika, 1943
OP(KAT) NO. 360 OF 2018
(AGAINST THE ORDER DATED 7.6.2017 IN TA 2606/2012 OF KERALA ADMINISTRATIVE
TRIBUNAL, THIRUVANANTHAPURAM)
---
PETITIONERS/RESPONDENTS 1 TO 3 & 6 IN T.A.:
1.STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM, PIN 695001.
2.THE DEPUTY DIRECTOR OF EDUCATION,
PALAKKAD,PIN-678001.
3.THE ASSISTANT EDUCATIONAL OFFICER, ALATHUR,
PALAKKAD,PIN-678541.
4.THE DIRECTOR OF PUBLIC INSTRUCTIONS,
THIRUVANANTHAPURAM,PIN-695001.
RESPONDENT/APPLICANT/4TH AND 5TH RESPONDENTS IN THE O.A.:
1.T.L. DAISY, PHYSICAL EDUCATION TEACHER,
GOVERNMENT UPPER PRIMARY SCHOOL, PUTHIYANKAM,
ALATHUR P.O., PALAKKAD, PIN- 678541.
2.KRISHNANKUTTY, FORMER P T A PRESIDENT, G.U.P.S.,
PUTHIYANKAM, ALATHUR P.O., PALAKKAD,PIN-678541.
P.T.O.
3.A. SALIM AZEEZ, HEADMASTER, G.U.P.S.,
PUTHIYANKAM, ALATHUR P.O., PALAKKAD,PIN-678845.
OP (Kerala Administrative Tribunal) praying inter alia that in the
circumstances stated in the affidavit filed along with the OP(KAT) the
High Court be pleased to stay all the further proceedings in pursuance to
Annexure A7 order till the final disposal of the above Original Petition
(KAT)
This petition coming on for orders on 02/11/2021, upon perusing the
petition and the affidavit filed in support of OP(KAT) and upon hearing
the arguments of GOVERNMENT PLEADER for the petitioners and of DR.GEORGE
ABRAHAM, Advocate for the respondent 1, the court passed the following:
P.T.O.
EXT.R4(c):TRUE COPY OF THE FIRST INFORMATION REPORT IN
CRIME NO.225/2008 ON THE FILE OF THE ALATHUR POLICE STATION
DATED 25.04.2008.
ANNEXURE A7:CERTIFIED COPY OF THE ORDER OF THE HONOURABLE
KERALA ADMINISTRATIVE TRIBUNAL DATED 07.06.2017.
---
ALEXANDER THOMAS & VIJU ABRAHAM, JJ.
.................................................................
O.P.(KAT) No. 360 of 2018
[Arising out of the impugned order dated 07.06.2017 in
T.A. No.2606 of 2012 on the file of the KAT, TVM Bench]
.................................................................
Dated this the 2nd day of November, 2021
ORDER
Dr.George Abraham, the learned counsel appearing for the
1st respondent in the O.P/applicant in the O.A shall produce a legible
typewritten version of Ext.R4(c) First Information Report (FIR) in
Crime No.225 of 2008 of Alathur Police station, Palakkad as well as a
copy of the First Information Statement (FIS) in that FIR, in which the
applicant's husband is arrayed as an accused and also a copy of the
judgment of the Judicial First Class Magistrate Court, Alathur, by
which the said accused was acquitted in the Calendar Case which arose
out of the abovesaid crime, along with a memo of the learned counsel,
for the perusal of this Court. Time granted.
2. Registry will ensure that the JFMC, Alathur will make
available (i) copy of FIR in Crime No.225 of 2008 of Alathur Police
Station, (ii) legible type written version of that FIR, (iii) copy of the FIS
of that crime, (iv) legible typewritten version of that FIS, (v) copy of the
judgment of JFMC, Alathur in the Calender Case arising out of Crime
No.225 of 2008 of Alathur P.S., by email attachment and fax within
one week.
List the case on 25.11.2021.
Handover
Sd/-
ALEXANDER THOMAS JUDGE
Sd/-
VIJU ABRAHAM JUDGE
cks
02-11-2021 /True Copy/ Assistant Registrar
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