Citation : 2022 Latest Caselaw 4828 Ker
Judgement Date : 29 April, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.
FRIDAY, THE 29TH DAY OF APRIL 2022 / 9TH VAISAKHA, 1944
WP(C) NO. 14855 OF 2022
PETITIONER/S:
C.MUHAMMED ABDUL SATHAR, AGED 55 YEARS
SON OF SHERIEF MASTER, CHANGANATH, PERUMPADAPPA,
MALAPPURAM DISTRICT-679 580
BY ADV K.A.MANZOOR ALI
RESPONDENT/S:
1 THE STATE OF KERALA
REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL
EDUCATION DEPARTMENT, SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014
3 THE DEPUTY DIRECTOR OF EDUCATION,
DOWN HILL, MALAPPURAM DISTRICT-676 516
4 THE ASSISTANT EDUCATIONAL OFFICER
PONNANI, MALAPPURAM DISTRICT-679 577
5 THE HEADMASTER,
A.L.P. SCHOOL, CHENNAMANGALAM (ERAMANGALAM),
PONNANI, MALAPPURAM DISTRICT-679 577
OTHER PRESENT:
SMT PRINCY XAVIER SR GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 29.04.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.14855/2022
..2..
JUDGMENT
The petitioner has approached this Court
seeking a direction to the 1st respondent to
dispose Ext.P9, a revision petition against
disqualifying the petitioner from the post of
Manager, after hearing the petitioner within a
time frame, and seeking to keep in abeyance
Exts.P5 to P8 in the meantime.
2. After hearing the learned counsel on either
side and taking into account the pendency of
the revision petition, there will be a
direction to the 1st respondent to consider and
pass appropriate orders in accordance with law
on Ext.P9 revision petition, within a period
of four weeks from today after hearing the
petitioner and other affected parties, if any,
either through physical or online mode. The
petitioner will be free to produce any WP(C) No.14855/2022
..3..
material, which he relies on, for
substantiating his contentions. Needless to
say that the 1st respondent will advert to such
contentions, while considering the revision.
Till a decision is taken on Ext.P9 revision
petition, Exts.P5 to P8 shall be kept in
abeyance.
This Writ Petition is disposed of as above.
Sd/-
MOHAMMED NIAS C.P.
JUDGE bka/30.04.2022 WP(C) No.14855/2022
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APPENDIX OF WP(C) 14855/2022
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DECISION REPORTED IN 1997 KHC 409 DECIDED ON 27-08-1997
Exhibit P2 TRUE COPY OF THE DECISION REPORTED IN 2019 KHC 740 DECIDED ON 13-08-2019
Exhibit P3 TRUE COPY OF THE SHOW CAUSE NOTICE NO.
B1/ 11729/2019 DATED 06.06.2019 OF THE DDE, MALAPPURAM
Exhibit P4 TRUE COPY OF THE REPLY OF THE PETITIONER
Exhibit P5 TRUE COPY OF THE ORDER NO.
B1/11729/2019 DATED 19-09-2019 OF THE DDE, MALAPPURAM ALONG WITH TYPED COPY
Exhibit P6 TRUE COPY OF THE JUDGMENT IN W.P. (C) NO. 15557/2021 DATED 04-08-2021
Exhibit P7 TRUE COPY OF THE G.O. (RT.) NO.
5026/2021/G.EDN. DATED 09.11.2021 OF THE GOVERNMENT
Exhibit P8 TRUE COPY OF THE ORDER NO. VB2/9178/ 2019/DGE DATED 23.02.2022 OF THE ADDITIONAL DIRECTOR (GENERAL) & VIGILANCE OFFICER ATTACHED TO THE OFFICE OF THE 2ND RESPONDENT
Exhibit P9 TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DATED 03.03.2022 (WITHOUT EXHIBITS)
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