Manager Snup School vs State Of Kerala
2022 Latest Caselaw 6749 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR.JUSTICE MURALI PURUSHOTHAMAN
     TUESDAY, THE 14TH DAY OF JUNE 2022 / 24TH JYAISHTA, 1944
                       WP(C) NO. 27414 OF 2009


PETITIONER:

           MANAGER,
           SNUP SCHOOL
           NALLAMADANCHALLA,
           VILAYODI P.O.,
           CHITTUR, PALAKKAD.

           BY ADV SRI.U.BALAGANGADHARAN


RESPONDENTS:

    1      STATE OF KERALA
           REPRESENTED BY THE SECRETARY,
           DIRECTOR OF PUBLIC INSTRUCTIONS,
           THIRUVANANTHAPURAM.
    2      THE DIRECTOR OF PUBLIC INSTRUCTIONS
           THIRUVANANTHAPURAM.
    3      DEPUTY DIRECTOR OF EDUCATION
           PALAKKAD.
    4      DISTRICT EDUCATIONAL OFFICE
           PALAKKAD.
    5      THE ASSISTANT EDUCATIONAL OFFICER
           CHITTUR,
           PALAKKAD.
  *ADDL.   P.C.RAMAKRISHNAN,
    R6     HEADMASTER,
           S.N.U.P. SCHOOL,
           NALLAMANDANCHALLA,
           VILAYODI P.O.,
           CHITTUR, PALAKKAD.

           *ADDL.R6 IMPLEADED VIDE ORDER DATED 07.12.2009 IN I.A.
           15130/09.

 *ADDL.    SECRETARY TO THE GOVERNMENT,
    R7     GENERAL EDUCATION DEPARTMENT,
           SECRETARIAT,
           THIRUVANANTHAPURAM.
 W.P.(C).No.27414 OF 2009

                               2

          *ADDL.R7 IMPLEADED VIDE ORDER DATED 10.02.2010 IN
          I.A. 1678/10.

          SRI. K.M FAISAL - GP
          SRI. N.N. SUGUNAPALAN SR.
          SRI. S. SUJIN




     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
14.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 W.P.(C).No.27414 OF 2009

                                    3




                               JUDGMENT

The writ petition is filed for a direction to the 1 st

respondent to defer from recovering the pay and

allowances paid to the delinquents, two teachers, during

their period of suspension pending disposal of the

enquiry against them and to declare that the petitioner is

not liable to be proceeded with by any recovery

proceedings in respect of the pay and allowances paid to

the delinquents during the currency of the disciplinary

proceedings initiated against them.

2. I.A No.2 of 2022 is filed by the petitioner to

accept Exts.P14 to P22 as additional documents. In the

affidavit filed in support of the said application it is stated

that the entire amount sought to be recovered from the

petitioner pursuant to Ext.P18 revenue recovery

proceedings has been remitted by the present manager

of the School vide Ext.P21 chalan, with prior permission

of the DDE, Palakkad.

W.P.(C).No.27414 OF 2009

3. When the writ petition came up for

consideration on 09.06.2022, the learned Government

Pleader was directed to get instructions in the matter. It

is submitted by the learned Government Pleader that the

amount sought to be recovered from the petitioner has

been received by the Department on 27.04.2022.

4. I have heard the learned counsel for the

petitioner, learned counsel for the additional 6 th

respondent and the learned Government Pleader.

5. Since the amount sought to be recovered from

the petitioner pursuant to Exts.P7, P9, P10 and P13

orders has already been remitted, nothing survives to be

considered on merits in the writ petition. Therefore, all

proceedings pursuant to Exts.P7, P9, P10, P13 and P18

are quashed.

Accordingly, the writ petition is disposed of.

Sd/-

MURALI PURUSHOTHAMAN JUDGE SPR W.P.(C).No.27414 OF 2009

APPENDIX

PETITIONER EXHIBITS:-

EXHIBIT P1 PHOTOSTAT COPY OF THE COMMUNICATION NO.C/1432/05 DATED 19.08.2005 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER. EXHIBIT P2 PHOTOSTAT COPY OF THE ORDER DATED 25.08.2005 OF THE 5TH RESPONDENT. EXHIBIT P3 PHOTOSTAT COPY OF THE STATEMENT OF ALLEGATIONS ISSUED BY THE PETITIONER TO THE DELINQENTS, DATED 14.02.2006. EXHIBIT P3 (a) PHOTOSTAT COPY OF THE CHARGE MEO ISSUED BY THE PETITIONER TO THE DELINQUENTS DATED 14.02.2006.

EXHIBIT P4 PHOTOSTAT COPY OF THE G.O.[RT] NO.39/06/G.EDN. DATED 03.01.2006. EXHIBIT P5 PHOTOSTAT COPY OF THE ORDER DATED 22.03.2008 OF THE PETITIONER TO THERDELINQUENT.

EXHIBIT P5 (a) PHOTOSTAT COPY OF THE ORDER DATED 22.03.2008 OF THE PETITIONER TO THE DELINQUENT.

EXHIBIT P6 PHOTOSTAT COPY OF THE JUDGMENT IN W.A.NO.1392/2006 DATED 25.08.2005 OF THIS HON'BLE COURT.

EXHIBIT P7 PHOTOSTAT COPY OF THE COMMUNICATION DATED 17.11.2008 ISSUED BY THE GOVERNMENT TO THE 3RD RESPONDENT. EXHIBIT P8 PHOTOSTAT COPY OF THE REPRESENTATION OF THE PETITIONER TO THE 1ST RESPONDENT DATED 29.11.2008.

EXHIBIT P9 PHOTOSTAT COPY OF THE LETTER DATED 09.12.2008 OF THE 3RD RESPONDENT TO THE 5TH RESPONDENT.

EXHIBIT P10 PHOTOSTAT COPY OF THE LETTER DATED 30.01.2009 SENT BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P11 PHOTOSTAT COPY OF THE LETTER DATED 11.02.2009 OF THE PETITIONER TO THE 5TH RESPONDENT.

W.P.(C).No.27414 OF 2009

EXHIBIT P12 PHOTOSTAT COPY OF THE LETTER DATED 03.04.2009 OF THE PETITIONER TO THE 5TH RESPONDENT.

EXHIBIT P13 PHOTOSTAT COPY OF THE LETTER DATED 30.07.2009 OF THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P14 A TRUE COPY OF ORDER OF THE ASSISTANT EDUCATIONAL OFFICER, CHITTUR DATED 19.04.2010.

EXHIBIT P15 A TRUE COPY OF DEATH CERTIFICATED DATED 19.12.2019 ISSUED BY THE CHITTUR- THATHAMANGALAM MUNCIPALITY. EXHIBIT P16 A TRUE COPY OF THE ORDER OF THE AEO CHITTUR DATED 31.03.2020.

EXHIBIT P17 A TRUE COPY OF THE ORDER DATED 01.04.2022 ISSUED BY THE AEO, CHITTUR PALAKKAD.

EXHIBIT P18 A TRUE COPY OF REVENUE RECOVERY NOTICE DATED 06.02.2020 ISSUED BY THE TAHASILCHITTUR.

EXHIBIT P19 A TRUE COPY OF THE LETTER OF SHRI SIVANSANKAR TO THE DDE, PALAKKAD DATED 13.04.2022.

EXHIBIT P20 A TRUE COPY O F THE LETTER OF TH E DDE PALAKKAD DATED 26.04.2022 TO THE MANAGER SNUP SCHOOL.

EXHIBIT P21 A TRUE COPY OF CHALLAN DATED 27.04.2022 OF DISTRICT TREASURY PALAKKAD. EXHIBIT P22 A TRUE COPY OF REPRESENTATION DATED 27.04.2022 OF PRESENT A MANAGER SNUP SCHOOL.

RESPONDENT'S EXHIBITS:-

EXHIBIT R6(a) TRUE COPY OF THE COMPLAINT NO.295/09 BEFORE THE HONOURABLE LOKA AYUKTA. EXHIBIT R6(b) TRUE COPY OF THE ORDER NO.F/2793 09 DATED 19.04.2010/K.DIS ISSUED BY THE 5TH RESPONDENT.