N.Besy George vs The State Of Kerala
2022 Latest Caselaw 9001 Ker

              IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

         THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V

   WEDNESDAY, THE 27TH DAY OF JULY 2022 / 5TH SRAVANA, 1944

                      WP(C) NO. 22901 OF 2022
PETITIONER:

              N.BESY GEORGE,
              AGED 47 YEARS,
              D/O N. GEORGE SAMUEL, HEADMISTRESS (UNDER SUSPENSION),
              DR.C.T. EAPEN MEMORIAL RESIDENTIAL
              HIGHER SECONDARY SCHOOL, MUTHUPILAKKAD,
              SASTHAMKOTTA,KOLLAM DISTRICT- 690 520. (RESIDING AT
              NALAMVELIL, MANAKKARA, BHARANIKKAVU, SASTHAMKOTTA,
              KOLLAM DISTRICT- 690 521).

              BY ADVS.
              V.A.MUHAMMED
              M.SAJJAD

RESPONDENTS:

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

     2        THE DEPUTY DIRECTOR OF EDUCATION,
              THEVALLY, KOLLAM-691 009.

     3        THE DISTRICT EDUCATIONAL OFFICER,
              KOTTARAKARA, KOLLAM DISTRICT - 691 506.

     4        THE ASSISTANT EDUCATIONAL OFFICER,
              SASTHAMKOTTA, KOLLAM DISTRICT - 690 521.

     5        THE MANAGER,
              DR. C.T. EAPEN MEMORIAL RESIDENTIAL HIGHER SECONDARY
              SCHOOL, MUTHUPILAKKAD SASTHAMKOTTA,
              KOLLAM DISTRICT- 690 520.
 W.P. (C) No.22901 of 2022        2



                 BY ADVS.
                 JOHN JOSEPH VETTIKAD
                 C.JOSEPH JOHNY

                 SMT.NISHA BOSE, SR GOVERNMENT PLEADER



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.07.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 W.P. (C) No.22901 of 2022            3




                                  JUDGMENT

Instant writ petition is filed seeking to quash Exts.P6, P7 and P8, for a

direction commanding the respondents to reinstate the petitioner in service

forthwith and for a direction to the 1st respondent to consider and pass

expeditious orders on Ext.P11.

2. I have heard Sri.M.Sajjad, the learned counsel appearing for the

petitioner, Sri.John Joseph Vettikad, the learned counsel appearing for the 5th

respondent and the learned Government Pleader.

3. The learned counsel appearing for the 5th respondent has filed a

counter affidavit stating that the revision petition cannot be maintained and

the petitioner should be relegated to the appellate remedy.

4. The learned counsel appearing for the petitioner would refer to

the judgment of a Division Bench of this Court in Raveendra Babu v. State

of Kerala (1987 (1) KLT 472) and it is argued that any order under Chapter

XIV A may be subject to revision, whether the order is issued by the original

or the appellate authority. In view of the law laid down in Raveendra Babu

(Supra), I am of the view, necessary directions can be issued to the 1st

respondent to consider the revision petition and take a decision.

5. This writ petition is accordingly disposed of by issuing the

following directions:

a) There will be a direction to the 1st respondent to take up,

consider and pass appropriate orders on Ext.P11, after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or her authorised

representative and the 5th respondent.

b) Orders, as directed above, shall be passed expeditiously, in

any event, within four months from the date of production of

a copy of this judgment.

c) It would be open to the petitioner to produce a copy of the

writ petition along with the judgment before the concerned

respondent for further action.

This writ petition is disposed of.

Sd/-

                                               RAJA VIJAYARAGHAVAN V,
      IAP                                              JUDGE





                            APPENDIX OF WP(C) 22901/2022

PETITIONER'S EXHIBITS

Exhibit P1                       TRUE COPY OF THE SHOW CAUSE NOTICE NO.

E/811/2021 DATED 15.12.2021 ISSUED BY THE AEO, SASTHAMKOTTA TO THE PETITIONER.

Exhibit P2 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER AS AGAINST EXHIBIT P-1 VIDE NO. B.117/2021 DATED 18.12.2021.

Exhibit P3 TRUE COPY OF THE REPORT FURNISHED BY THE AEO, SASTHAMKOTTA VIDE NO.E/811/2021 DATED 16.12.2021.

Exhibit P4 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.

11730/2019 DATED 11.04.2019

Exhibit P5 TRUE COPY OF THE ORDER NO.B6/1660/19/K.DIS DATED 29.05.2019 OF THE DEO, KOTTARAKKARA.

Exhibit P6 TRUE COPY OF THE PROCEEDING OF THE MANAGER VIDE ORDER NO.DCTERHSS/DISC-1/2022 DATED 04.02.2022.

Exhibit P7 TRUE COPY OF THE ORDER NO.DDEKLM/680/2022-B4 DATED 17.2.2022 OF THE DDE, KOLLAM.

Exhibit P8 TRUE COPY OF THE PROCEEDINGS OF THE MANAGER VIDE NO.DCTERHSS/DISC-1/2022 DATED 18.02.2022.

Exhibit P9 TRUE COPY OF THE WRITTEN STATEMENT OF DEFENSE SUBMITTED BY THE PETITIONER BEFORE THE MANAGER DATED 31.03.2022.

Exhibit P10 TRUE COPY OF EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE MANAGER DATED 16.03.2022.

Exhibit P11 TRUE COPY OF THE PETITION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT DATED 28.02.2022.

Exhibit P12 TRUE COPY OF THE DECISION REPORTED IN 1987 KHC 145 RAVINDRA BABU V. STATE OF KERALA DECIDED ON 17.02.1987.

RESPONDENTS' EXHIBITS:

Exhibit R5(A) THE TRUE COPY OF LETTER NUMBER NM3/548/2022 DATED 02-02-2022 OF THE 2ND RESPONDENT.

Exhibit R5(B) THE TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 07-03-2022 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.

Exhibit R5(C) THE TRUE COPY OF THE LETTER NO.DDEKLM/680/2022-B4 DATED 9/5/2022 OF THE 2ND RESPONDENT.