Muhammed Hussain vs State Of Kerala
2022 Latest Caselaw 7499 Ker

Citation : 2022 Latest Caselaw 7499 Ker
Judgement Date : 24 June, 2022

Kerala High Court

Muhammed Hussain vs State Of Kerala on 24 June, 2022

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
           THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
         FRIDAY, THE 24TH DAY OF JUNE 2022 / 3RD ASHADHA, 1944
                        WP(C) NO. 20618 OF 2022
PETITIONER/S:

           MUHAMMED HUSSAIN
           AGED 52 YEARS
           S/O. SAID MUHAMMED MASTER, HEAD MASTER, ALP SCHOOL,
           KOTTARASSERI, ALATHUR, PALAKKAD, RESIDING AT ANSAR MANZIL,
           THEKKEPOTTA, PUTHUCODE, PALAKKAD DISTRICT - 678 687.

           BY ADV K.MOHANAKANNAN

RESPONDENT/S:

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

     2     THE DIRECTOR OF GENERAL EDUCATION,
           JAGATHY, THIRUVANANTHAPURAM-695014.

     3     THE DEPUTY DIRECTOR OF EDUCATION,
           OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, CIVIL STATION,
           KENATHUPARAMBU, KUNATHURMEDU, PALAKKAD - 678 001.

     4     DISTRICT   EDUCATION OFFICER,
           DISTRICT   EDUCATIONAL OFFICE, MUNICIPAL COMPLEX, ROBINSON
           RD, OPP.   GOVERNMENT HOSPITAL, SANTHI NAGAR, SULTANPET,
           PALAKKAD   DISTRICT - 678014.

     5     THE ASSISTANT EDUCATION OFFICER,
           ASSISTANT EDUCATION OFFICE, ERATTAKULAM,
           ALATHUR, PALAKKAD - 678682.

     6     THE MANAGER,
           ALP SCHOOL, KOTTARASSERI, ALATHUR,
           PALAKKAD DISTRICT - 678 687.

           SMT. NISHA BOSE, SR. GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION            ON
24.06.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20618 OF 2022                    2




                                      JUDGMENT

The petitioner states that while working as the Headmaster of ALP

School, Kottarasseri, he was served with a show-cause notice alleging

withdrawal of certain amounts earmarked for noon feeding. After following

the procedure, Ext.P5 order was passed as per which, punishment was

confirmed and the Educational Officer was directed to re-assess the amounts

which were liable to be recovered. Though the petitioner filed an explanation,

he was imposed with a liability of Rs.68,857/- and his increment was barred.

Challenging the said order, the petitioner is stated to have preferred Ext.P13

appeal before the 4th respondent invoking the provisions of Chapter XIV A of

the KER. Seeking expeditious consideration of the appeal preferred by the

petitioner and also for staying coercive proceedings till the disposal of the

appeal, the petitioner has approached this Court with this writ petition.

2. Heard Sri.K.Mohanakannan, the learned counsel appearing for

the petitioner and Smt.Nisha Bose, the learned Senior Government Pleader.

3. In the nature of the order that I propose to pass, notice to the

6th respondent is dispensed with.

4. After having carefully evaluated the contentions raised in this

writ petition, the submissions made across the Bar and the facts and

circumstances, I am of the view that this writ petition can be disposed of at

the admission stage itself by issuing the following directions:

a) There will be a direction to the 4th respondent to

take up, consider and pass appropriate orders on Ext.P13 after

affording an opportunity of being heard, either physically or

virtually, to the petitioner herein or his authorised representative

and the 6th respondent.

b) Orders, as directed above, shall be passed

expeditiously, in any event, within a period of three months from

the date of production of a copy of this judgment. Until orders are

passed on Ext.P13, coercive proceedings pursuant to Ext.P12 shall

be kept in abeyance.

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 JUDGE

sru

PETITIONER(S) EXHIBITS :

Exhibit P1 TRUE COPY OF THE SHOW CAUSE NOTICE NO.VB6/27074/2016/DPI DATED 19/03/2018 OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

Exhibit P2 TRUE COPY OF OBJECTION OF THE PETITIONER DATED 25/04/2018 FORWARDED BY REGISTERED POST AGAINST EXT.P1.

Exhibit P3 TRUE COPY OF THE PROCEEDINGS NO. C-2961/2014 DATED 10/05/2019 OF THE ASSISTANT EDUCATION OFFICER, ALATHUR.

Exhibit P4 TRUE COPY OF ARGUMENT NOTES OF THE PETITIONER DATED 26/07/2019 BEFORE THE DIRECTOR OF PUBLIC INSTRUCTION.

Exhibit P5 TRUE COPY OF THE ORDER NO. VB(6)27074/2016/DGE DATED 04/03/2020 OF THE ADDITIONAL DIRECTOR (GENERAL & VIGILANCE OFFICER), OFFICE OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM.

Exhibit P6 TRUE COPY OF THE SHOW CAUSE NOTICE NO.

C/1574/2021 DATED 28/04/2021 FROM THE ASSISTANT EDUCATION OFFICER, ALATHUR.

Exhibit P7 TRUE COPY OF THE APPLICANT'S REQUEST DATED 28/06/2021.

Exhibit P8 TRUE COPY OF THE LETTER NO.C/1574/2021 DATED 14/07/2021.

Exhibit P9 TRUE COPY OF THE SHOW CAUSE NOTICE WITH MEMO OF CHARGES VIDE REF. NO.C/1574/2021 DATED 31/03/2022.

Exhibit P10 TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 04/04/2022.

Exhibit P11 TRUE COPY OF THE EXPLANATION OF THE MANAGER, ALP SCHOOL, KOTTARASSERI, ALATHUR.

Exhibit P12 TRUE COPY OF THE ORDER NO.C/1574/2022 DATED 13/05/2022 OF THE ASSISTANT EDUCATION OFFICER, ALATHUR.

Exhibit P13 TRUE COPY OF THE APPEAL DATED 07/06/2022.