V.Haridas vs State Of Kerala
2022 Latest Caselaw 12422 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
               THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
          Friday, the 23rd day of December 2022 / 2nd Pousha, 1944
                           WP(C) NO. 42526 OF 2022
PETITIONER:

     V.HARIDAS, UPPER PRIMARY SCHOOL TEACHER, AIDED SENIOR BASIC SCHOOL,
     MANNALUR, PALAKKAD-678 502.

RESPONDENTS:

  1. STATE OF KERALA, REP. BY SECRETARY TO THE GOVERNMENT, GENERAL
     EDUCATION DEPARTMENT, SECRETARIAT, ANNEXURE-II, THIRUVANANTHAPURAM -
     695 011.
  2. DIRECTOR OF GENERAL EDUCATION, O/O. DIRECTOR OF GENERAL EDUCATION,
     JAGATHI, THIRUVANANTHAPURAM - 695 014.
  3. DEPUTY DIRECTOR OF EDUCATION PALAKKAD, O/O DEPUTY DIRECTOR OF
     EDUCATION, PALAKKAD, PALAKKAD - 678 612.
  4. ASSISTANT EDUCATIONAL OFFICER, KUZHALMANNAM, O/O ASSISTANT
     EDUCATIONAL OFFICER, KUZHALMANNAM, PALAKKAD - 678 702.
  5. MANAGER, AIDED SENIOR BASIC SCHOOL, MANNALUR, PALAKKAD-678 502.
  6. SMT. P.ANITHA, UPPER PRIMARY SCHOOL TEACHER, (PROMOTED AS
     HEADMISTRESS UNDER STAY), AIDED SENIOR BASIC SCHOOL MANNALUR,
     PALAKKAD-678 502.


     Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to stay all further proceedings pursuant to Exhibit P16, pending
disposal of the above Writ Petition in the interest of justice.


     This petition coming on for admission upon perusing the petition and
the affidavit filed in support of WP(C) and upon hearing the arguments of
M/S. M.A.FAYAZ, M.VISHNUPRIYA and C.B.ABHINAVA, Advocates for the
petitioner and of GOVERNMENT PLEADER for R1 to R4, the court passed the
following:




                                                                  p.t.o
      Exhibit P15:- TRUE COPY OF PROCEEDINGS    NO.C/1464/2019   DATED
24.09.2022 ISSUED BY THE 4TH RESPONDENT.

     Exhibit P16:- TRUE COPY OF THE LETTER NO.1/2022 DATED 10.12.2022
ISSUED BY THE 5TH RESPONDENT STYLED AS SHOW CAUSE NOTICE.
                       RAJA VIJAYARAGHAVAN V, J.
                     -------------------------------------
                     W.P. (C) No. 42526 of 2022
                   -------------------------------------------
               Dated this the 23rd day of December, 2022



                                     ORDER

The learned Government Pleader takes notice for respondents 1 to 4.

Issue notice to respondents 5 and 6.

Sri. M.A. Fayaz, the learned counsel appearing for the petitioner, refers to

the judgment rendered by the learned Sessions Judge in S.C. No. 772/2019 and

contends that after evaluating the entire materials on record, the petitioner

herein was acquitted of all charges under Section 232 of the Cr.P.C. The

learned counsel submits that the petitioner has been totally exonerated in the

enquiry conducted by the educational authorities. The petitioner asserts that

ignoring the judgment rendered by the learned Sessions Judge and Exhibit P15

Report, the Manager has now issued Exhibit P16. Referring to the notice, it is

submitted that a decision has already been taken to terminate the petitioner

from service. This action is against all norms and cannot be sustained under

law, contends the learned counsel.

Having regard to the submissions advanced, proceedings pursuant to

Ext.P16 shall be kept in abeyance for a period of four weeks.

Sd/-

RAJA VIJAYARAGHAVAN V, JUDGE

avs

23-12-2022 /True Copy/ Assistant Registrar