Kerala High Court
Anitha Puthussery vs Central Board Of Secondary ... on 27 May, 2022
WP(C) NO. 5831 OF 2013 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 27TH DAY OF MAY 2022 / 6TH JYAISHTA, 1944
WP(C) NO. 5831 OF 2013
PETITIONER/S:
1 ANITHA PUTHUSSERY,AGED 37
D/O.P.GOVINDAN NAIR 8B, SANTHI PRATHYUSHA, CHITTOOR
ROAD, PULLEPPADY, KOCHI - 682 018.
2 NAINA J SHAH
AGED 40 YEARS
W/O.JIGNESH N. SHAH, A-7, KOVATTIL APTS. KOVATTIL
LANE, NEAR PADAM STOP, KP VALLON ROAD, KDAVANTHRA,
KOCHI - 682 020.
BY ADVS.
SRI.THOMAS ABRAHAM
SRI.K.S.HARIDAS
SMT.MERCIAMMA MATHEW
SRI.V.RENJITH KUMAR
RESPONDENT/S:
1 CENTRAL BOARD OF SECONDARY EDUCATION
SHIKSHA KENDRA, 2, COMMUNITY CENTER, PREET VIHAR,
DELHI - 110 092, REPRESENTED BY ITS CHAIRMAN.
2 BHARATIYA VIDYA BHAVAN
KOCHI KENDRA, KERALA, PIN - 682 306, REPRESENTED BY
ITS DIRECTOR.
3 SRI.E.RAMANKUTTY
DIRECTOR, BHARATIYA VIDYA BHAVAN (KOCHI KENDRA), TD
ROAD, ERNAKULAM, KOCHI - 682 011.
4 SRI.H.N.DASTUR
EXECUTIVE SECRETARY AND DIRECTOR GENERAL, BHARATIYA
VIDYA BHAVAN, MUNSHI SDAN, BHRATIYA VIDYA BHAVAN
WP(C) NO. 5831 OF 2013 2
CHOWK, KULPETI K M MUNSHI MARG, MUMBAI - 400 007.
5 SMT. NIRMALA VENKATESWARAJN
PRINCIPAL, BHAVANS VIDYA MANDIR, GIRINAGAR, KOCHI,
KERALA, PIN - 682 020.
6 SMT.RENUKA N MENON
PRINCIPAL, BHAVANS VIDYA MANDIR, EROOR WEST, KUNNARA
P.O., KOCHI, KERALA, PIN - 682 306.
7 SRI.THOMAS M.P.
MOOZHIKKACHALI HOUSE, VAZHAKULAM P.O., KAVANA,
MUVATTUPUZHA, PIN - 686 690.
BY ADVS.SMT.LATHA ANAND, R2 AND R3
SRI.NIRMAL S., SC, CBSE
SRI.K.ANAND SR.
SRI.JOSEPH SEBASTIAN PARACKAL
SMT.LATHA KRISHNAN
SRI.B.RAGHUNANDANAN
SRI.SREELAL N.WARRIER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 27.05.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) NO. 5831 OF 2013 3
P.V.KUNHIKRISHNAN, J
--------------------------------------------
W.P.(C.) No. 5831 of 2013
--------------------------------------
Dated this the 27th day of May, 2022
JUDGMENT
The above writ petition is filed with following prayers :
"a) Issue a Writ of Mandamus or any other appropriate writ
order or direction directing the 1st respondent to take
stringent action against the respondents 2 to 6 who have
illegally protected the 7th respondent who indulged in criminal
acts affecting the modesty of girl students studying in the
Bhavans Vidya Mandir School, Girinagar, Ernakulam affiliated
to CBSE.
b) Issue a Writ of Mandamus or any other appropriate Writ
order or direction directing the 1st respondent to immediately
conduct an enquiry on the basis of Exhibit P9 representation
and also afford an opportunity of hearing to the petitioners
either directly or through their counsel if so opted.
c) Issue a Writ of Mandamus or any other appropriate writ,
order or direction directing the 1st respondent to remove the
5th and 6th respondent Principals as well as the 3 rd and 4th
respondent Managements who took open steps to protect a
teacher who misbehaved to girl students from all offices held
by them connected with administration/Management of CBSE
affiliated schools.
d) Issue a Writ of Mandamus or any other appropriate Writ
order or direction directing the 1st respondent to consider and
dispose off Exhibit P9 complaint at the earliest in the interest
of Justice.
e) Issue such other orders, directions as if deemed fit and
proper by this Honourable authority."[SIC]
2. When this writ petition came up for consideration,
the learned counsel appearing for respondent Nos. 2 and 3
takes me through para Nos. 3 and 4 of the counter affidavit
filed by respondent Nos.2 and 3. It will be better to extract the
same.
"2. The petitioners by the above Writ Petition seeks for a
direction to the 1st respondent to take stringent action against
respondents 2 to 6, who have illegally protected the 7th
respondent who indulged in criminal acts affecting the modesty
of the girls students studying in Bhavan's Vidya Mandir School,
Giri Nagar, Ernakulam. It is further prayed for a direction to the
1st respondent to immediately conducted an enquiry on the basis
of Ext.P9 representation after affording an opportunity of
hearing to the petitioners and further to direct the 1 st respondent
to remove 5th and 6th respondents principals as well as 7th and
8th respondent managements who took open steps to protect a
teacher who misbehaved to girl students.
3. At the outset it is respectfully submitted that the
petitioners have not disclosed very crucial facts which are
relevant to the issue involved in this case. The allegations
contained in the writ petition particularly the allegations
regarding the alleged protection of the 7th respondent from
respondents 2 to 6 are absolutely incorrect and are hereby
denied. The following facts will clearly prove otherwise. The 7th
respondent was working as Physical Education Teacher in
Bhavan's Giri Nagar School. A complaint was received from four
parents of girl students alleging misbehavior on the part of the
7th respondent. The said complaint was dated 10.10.2012
addressed to the Chairman and a note thereof was received by
this respondent on 11.10.2012. On receipt of the complaint and
on going through the allegations, having due regards to its
nature and seriousness the 7th respondent was suspended from
service forthwith. He was served with a memo of charges. He
submitted his explanation and since the explanation was not
found satisfactory,, an enquiry was ordered. The enquiry officer
conducted the enquiry and submitted the report which is dated
15.02.2013. In the said enquiry report, it was found that the 7th
respondent is guilty of the charges alleged against him and that
he had committed the misconduct. On receipt of the enquiry
report, copy of the same was served on the 7th respondent. The
report was placed before the School Management Committee
which was chaired by the former Chairman himself on
26.02.2013. The committee authorized to proceed against 7th
respondent. Accordingly, the show cause notice dated 12.3.2013
was issued to the 7th respondent to show cause why the enquiry
report and the findings on the charges should not be accepted.
The explanation dated 19.3.2013 was received from the 7th
respondent. After considering the explanation dated 19.3.2013,
the 2nd respondent issued a second show cause notice dated
27.03.2013 to proposing the punishment of dismissal from
service. For the said notice the 7th respondent vide letter dated
05.04.2013 submitted an explanation also highlighting his
service records and requesting not to impose the capital
punishment. All the above were placed before the School
Management Committee of Bhavan's Vidya Mandir, GiriNagar
and Eroor. The committee resolved to dismiss the 7 th respondent.
Accordingly an order dated 26.04.2013 was issued dismissing
the 7th respondent from the service with immediate effect. The
7th respondent as such is no more in the service of the 2nd
respondent. "
In the light of the same, nothing survives in the writ
petition. Therefore, this writ petition is closed.
SD/-
P.V.KUNHIKRISHNAN
JUDGE
SKS
APPENDIX
PETITIONER'S EXHIBITS :
EXT.P1 TRUE COPY OF THE COMPLAINT DATED 10.10.12 SUBMITTED
BY THE PETITIONERS BEFORE THE 4TH RESPONDENT
EXT.P2 TRUE COPY OF THE COMPLAINT DATED 28.11.2012 SUBMITTED
BY THE PETITIONERS BEFORE THE 4TH RESPONDENT
EXT.P3 TRUE COPY OF THE LETTER DATED 17.10.2012 SSUED BY
OFFICIATING COMMANDER OF NCC
EXT.P4 TRUE COPY OF THE MEMO DATED 29.11.12 ISSUED BY THE
3RD RESPONDENT TO MR.RAJU B
EXT.P5 TRUE COPY OF THE MEMO OF CHARGES DATED 20.11.12
ISSUED TO THE 7TH RESPONDENT
EXT.P6 TRUE COPY OF THE MEMO OF CHARGES DATED 20.11.12
ISSUED TO THE 7TH RESPONDENT
EXT.P7 TRUE COPY OF THE ENQUIRY REPORT DATED 15.2.13
EXT.P8 TRUE COPY OF THE REPRESENTATION DATED 16.2.13
SUBMITTED BY THE PETITIONERS BEFORE THE 2ND RESPONDENT
EXT.P9 TRUE COPY OF THE REPRESENTATION DATED 16.2.2013
SUBMITTED BY THE PETITIONERS BEFORE THE 1ST RESPONDENT
EXT.P10 THE RESIGNATION LETTER DATED 8.4.13 OF THE CHAIRMAN
OF BHARATIYA VIDYA BHAVAN, JUSTICE K.PADMANABHAN NAIR
EXT.P11 THE REQUEST DATED 8.9.13 SUBMITTED BY THE PETITIONER
TO THE THIRD RESPONDENT
RESPONDENT'S EXHIBITS : NIL
