Kerala High Court
T.S.Saji vs State Of Kerala on 13 April, 2023
'CR'
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 4190 OF 2018
PETITIONER:
T.S.SAJI
HEAD MISTRESS, MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M.PUDUR, GOVINDAPURAM P.O., PALAKKAD-678507,
RESIDING AT CHALISSERY HOUSE, VATTEKKAD P.O.,
PALAKKAD-678506.
BY ADVS.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA
KUM.THULASI K. RAJ
SRI.VARUN C.VIJAY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM-695001.
3 DISTRICT EDUCATIONAL OFFICER
PALAKKAD-678001.
4 ASSISTANT EDUCATIONAL OFFICER
KOLLENGODE, PALAKKAD.
5 T.O.BHASKAR
MANAGER, MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M.PUDUR, GOVINDAPURAM P.O., PALAKKAD-678507.
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 2
BY ADV SRI.U.BALAGANGADHARAN
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, ALONG WITH WP(C).29033/2020 AND CONN.CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 11964 OF 2020
PETITIONER:
T.O.BHASKER
AGED 55 YEARS
S/O.KESAVAN NAIR, MANAGER, MAHAGANAPATHI LOWER
PRIMARY SCHOOL, (MGLPS), M.PUDUR, GOVINDAPURAM
P.O., MUTHALAMADA, PALAKKAD-678 507,RESIDING AT
SOWBHAGYAM, M.PUDUR, GOVINDAPURAM P.O.,
MUTHALAMADA,PALAKKAD-678 507
BY ADV U.BALAGANGADHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF GENERAL EDUCATION (DGE),
FORMERLY DIRECTOR OF PUBLIC INSTRUCTION (DPI),
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014
3 THE DEPUTY DIRECTOR OF EDUCATION (DGE),
PALAKKAD, OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION, PALAKKAD-678 001
4 THE DISTRICT EDUCATIONAL OFFICER (DEO)
PALAKKAD , OFFICE OF THE DISTRICT EDUCATIONAL
OFFICER, PALAKKAD-678 001
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 4
5 THE ASSISTANT EDUCATIONAL OFFICER (AEO)
KOLLENGODE, OFFICE OF THE ASSISTANT EDUCATIONAL
OFFICER, KOLLENGODE, KOLLENGODE P.O., PALAKKAD-678
506
6 T.S.SAJI
W/O. C.A.BABY, HEADMISTRESS, MAHAGANAPATHI LOWER
PRIMARY SCHOOL(MGLPS), M.PURUR, GOVINDAPURAM P.O.,
MUTHALAMADA, PALAKKAD-670 507, AND RESIDING AT
CHALISSERY HOUSE, CHETTITHALA, VETTUKKAD P.O.,
PALAKKAD-678 506
BY ADVS.
GOVERNMENT PLEADER
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, ALONG WITH WP(C).29033/2020 AND CONN.CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 6741 OF 2018
PETITIONER:
T.S.SAJI
HEAD MISTRESS,MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M.PUDUR,GOVINDAPURAM P.O.,PALAKKAD 678 507
RESIDING AT CHALISSERY HOUSE,VATTEKKAD P.O.,
PALAKKAD 678 506.
BY ADVS.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA
KUM.THULASI K. RAJ
SRI.VARUN C.VIJAY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO
GOVERNMENT,DEPARTMENT OF GENERAL
EDUCATION,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM 695 001.
2 DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM 695 001.
3 DISTRICT EDUCATIONAL OFFICER, PALAKKAD 678 001.
4 ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE,
PALAKKAD 678 506.
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 6
5 T.O.BHASKAR MANAGER
MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M.PUDUR,GOVINDAPURAM P.O., PALAKKAD 678 507.
BY ADVS.
GOVERNMENT PLEADER
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, ALONG WITH WP(C).29033/2020 AND CONN.CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 29033 OF 2020
PETITIONER:
T.S.SAJI
AGED 49 YEARS
HEADMISTRESS, MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M. PUDUR, GOVINDAPURAM P.O., PALAKKAD-678507,
RESIDING AT CHALISSERY HOUSE, VATTEKKAD P.O.,
PALAKKAD 678506.
BY ADVS.
KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION,
JAGATHI,THIRUVANANTHAPURAM-695004.
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 8
3 DISTRICT EDUCATIONAL OFFICER,
PALAKKAD-678001.
4 ASSISTANT EDUCATIONAL OFFICER,
KOLLENGODE, PALAKKAD-678506.
5 T.O. BHASKAR,
MANAGER, MAHAGANAPATHY LOWER PRIMARY SCHOOL, M.
PUDUR, PALAKKAD-678507.
6 ABOOBAKKER A.,
JOINT DIRECTOR (ACADEMIC), DIRECTORATE OF GENERAL
EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695004.
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)(K/736/2011)
SR.G.P.SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2023,A/W.WP(C)No.2983 OF 2022 & CONN.CASES, THE
COURT ON 13.4.2023 DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 2983 OF 2022
PETITIONER:
T S SAJI
AGED 50 YEARS
W/O.SIVADAS P.M., HEADMISTRESS, MAHAGANAPATHY
LOWER PRIMARY SCHOOL, M.PUDUR, GOVINDAPURAM
(P.O), PALAKKAD-678 507, RESIDING AT CHALISSERY
HOUSE, VATTEKKAD (P.O). PALAKKAD-678 506
BY ADVS.
KALEESWARAM RAJ
VARUN C.VIJAY
THULASI K. RAJ
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM-695 014
3 DISTRICT EDUCATIONAL OFFICER,
PALAKKAD-678 001
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 10
4 ASSISTANT EDUCATIONAL OFFICER,
KOLLENGODE, PALAKKAD-678 506
5 T.O.BHASKAR
MANAGER, MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M.PUDUR, GOVINDAPURAM (P.O), PALAKKAD-678 507
6 ABOOBAKKER.A.,
JOINT DIRECTOR (ACADEMIC), DIRECTORATE OF GENERAL
EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 004
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2023,A/W.WP(C)No.29033 OF 2020 & CONN.CASES, THE
COURT ON 13.4.2023 DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 7976 OF 2023
PETITIONER:
B.GEETHA
AGED 56 YEARS
W/O.V.MOHANKUMAR, LOWER PRIMARY SCHOOL TEACHER
(LPST), M.G.L.P.SCHOOL, M.PUDUR, GOVINDAPURAM
P.O. PALAKKAD -678507, RESIDING AT VAISHNAVAM
HOUSE, CHULLIYARMEDU, MUTHALAMADA P.O., PALAKKAD-
., PIN - 678507
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
APARNA NARAYAN MENON
CHINNU MARIA ANTONY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 12
3 DISTRICT EDUCATIONAL OFFICER
MUNICIPAL COMPLEX, ROBINSON RD, OPP. GOVERNMENT
HOSPITAL, SANTHI NAGAR, SULTANPET, PALAKKAD,
KERALA., PIN - 678014
4 ASSISTANT EDUCATIONAL OFFICER,
KOLLENGODE, PALAKKAD, PIN - 678506
5 MANAGER
MAHAGANAPATHY LOWER PRIMARY SCHOOL, M. PUDUR,
PALAKKAD, PIN - 678507
6 THE HEADMISTRESS
MAHAGANAPATHY LOWER PRIMARY SCHOOL, M. PUDUR,
PALAKKAD, PIN - 678507
BY ADVS.
ELVIN PETER P.J.
K.R.GANESH(K/000551/1991)
GOURI BALAGOPAL(K/002008/2019)
ABHIJITH.K.ANIRUDHAN(K/1644/2020)
SREELEKSHMI A.S.(K/1313/2021)
ANU JOSEPH(K/000964/2022)
BY SR.G.P.SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2023,A/W.WP(C)No.2983 OF 2022 & CONN.CASES, THE
COURT ON 13.4.2023 DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 13
'CR'
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023
-------------------------------------------
Dated this the 13th day of April, 2023
JUDGMENT
These six cases are connected; therefore, I am disposing
of these cases by a common judgment.
2. The cases are mainly concerning a dispute between
the Manager of an aided school by the name 'Mahaganapathy
Lower Primary School', M.Pudur, Palakkad (hereinafter
referred to as the 'School') on one side and the Headmistress
of the same School on the other side. Even though the School
is in the name of God 'Mahaganapathy', the fight between the
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Manager and the Headmistress has been continuing for the
last several years. About 25 proceedings were initiated before
this Court either by way of writ petitions or writ appeals by
both parties. Let us pray to the god "mahaganapathy" to
bless the children studying in this school for a bright
education period untrammeled by this fight between the
Manager and the Headmistress.
3. W.P.(C) No.4190/2018, 6741/2018, 29033/2020
and 2983/2022 are filed by the Headmistress of the School,
Smt.T.S.Saji. Smt.T.S.Saji is hereinafter mentioned as the
'Headmistress'. W.P.(C) No.11964/2020 is filed by the
Manager of the School. W.P.(C) No.7976/2023 is filed by
another teacher by the name B. Geetha of the same School.
4. Smt.T.S.Saji was appointed as a Lower Primary
School Assistant (in short, LPSA) in the School on
05.09.1989. She was promoted as Headmistress on
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
22.09.2008. While working as Headmistress, she was
suspended from service with effect from 06.03.2017 on
certain charges. Ext.P1 produced in W.P.(C). No.6741/2018 is
the suspension order. Subsequently, as per Ext.P2 produced
in W.P.(C). No.6741/2018, the Manager was directed to
reinstate the Headmistress into service. But the Manager
refused to reinstate the Headmistress, even after Ext.P2.
5. The petitioner, Headmistress, filed a complaint
against the Manager of the School alleging sexual
advancement towards her. It is the case of the Headmistress
that she was mentally and physically harassed by the
Manager, and also demoralised her in order to appoint his
wife as the Headmistress. In the meanwhile, the
Headmistress received Ext.P4 communication from the
Manager stating that she cannot be reinstated in service. The
Headmistress submitted Ext.P5 reply to Ex.P4. Thereafter, the
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Assistant Educational Officer, Kollangode, again issued Ext.P6
order to revoke the suspension of the Headmistress and to
reinstate her. Thereafter, in the month of April 2017, the
Manager issued Ext.P7 charge memo to the Headmistress, to
which also the Headmistress submitted her reply.
6. Later as per G.O.(Rt.)No.2804/2017/Gen.Edn.
Dated 16.08.2017, the Government directed the Manager to
reinstate the Headmistress. In the Government Order, it was
further directed to enquire into the allegations made against
the Manager by the Headmistress alleging sexual
advancement. The Government also directed to enquire about
the charges raised against the Headmistress.
7. After the above Government Order, the Manager
approached this Court by filing W.P.(C). No.28952/2017, and
this Court was pleased to stay the Government Order to the
extent to which it directs reinstatement of the Headmistress
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
on condition that the Manager shall issue a memo of charges
within one month and with a further direction to the Manager
as well as the District Educational Officer, Palakkad to
complete the enquiry within a period of two months. Ext.P9
produced in W.P.(C). No.6741/2018 is the interim order
passed by this Court in W.P.(C). No.28952/2017. Based on
the above interim order, the Manager issued Ext.P10 charge
memo. Ext.P11 produced in W.P.(C). No.6741/2018 is the
reply to Ext.P10 charge memo produced in that writ petition.
8. Meanwhile, the Headmistress filed a petition to
vacate the interim order dated 31.08.2017 in W.P.(C).
No.28952/2017. Thereafter, the District Educational Officer
initially submitted an enquiry report on 09.01.2018. Later, on
the basis of the directions contained in the order dated
23.01.2018 in W.P.(C). No.28952/2017, the District
Educational Officer again submitted another report after
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
conducting an enquiry on the charges levelled against the
petitioner. Ext.P14 produced in W.P.(C). No.6741/2018 is the
enquiry report submitted by the District Educational Officer,
Palakkad. It is the case of the Headmistress that the main
charges levelled against her are found to be incorrect in the
enquiry report, but there are findings arrived at against the
Headmistress with respect to the financial transaction that
allegedly took place during 2010-2011, 2011-2012 onwards.
9. According to the Headmistress, Ext.P14 enquiry
report is without application of mind and without considering
the contentions of the Headmistress. It is also contended that
there were no charges in the memo of charges with respect to
the financial transactions in 2010-2011. Based on Ext.P14
enquiry report produced in W.P.(C). No.6741/2018, a show
cause notice was issued, as evident by Ext.P15 produced in
that case. The Headmistress submitted Ext.P16 explanation to
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
the show cause notice. Thereafter, W.P.(C). No.6741/2018 is
filed with the following prayers:
"i) To Issue a writ of certiorari quashing Ext.P14 to the
extent to which it is detrimental to the petitioner and P15 as
unjust, illegal and arbitrary;
ii) To declare that Ext.P14 report to the extent to
which it is detrimental to the petitioner is issued in violation
of Rule 75 of Chapter XIVA KER and that no action can be
taken against the petitioner based on the said report;
iii) To declare that Ext.P15 show cause notice which is
issued based on Ext.P14 enquiry report cannot be acted
upon against the petitioner;
iv) To declare that the petitioner is entitled to continue
in the post of Headmistress at the 5 th respondent's school
and is not liable to be imposed with the punishment of
dismissal from service;
v) To issue a writ of mandamus directing the 1 st
respondent to pass orders cancelling Ext.P14 enquiry report
to the extent to which it is detrimental to the petitioner and
to fully exonerate petitioner her from the charges levelled in
Ext.P10 charge memo;
vi) To issue a writ of mandamus directing the
respondents to refrain from implementing Exts.P14 and P15
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
against the petitioner;
vii) To issue such other orders, directions or writs as
may be prayed for and that this Hon'ble Court may deem fit
under the facts and circumstances of the case." [SIC]
10. W.P.(C). No.6741/2018 is filed mainly challenging
the inquiry report submitted by the District Educational
Officer, Palakkad, which is produced as Ext.P14 in that writ
petition.
11. W.P.(C). No.4190/2018 is filed by the Headmistress
to initiate enquiry proceedings against the Manager based on
G.O.(Rt.) No.2804/2017/G.Edn. dated 16.08.2017. The
prayers in W.P.(C). No.4190/2018 is extracted hereunder:
"i) To declare that the Manager 5th respondent is unfit to
hold the post of Manager for the act of sexual harassment
committed by him against the petitioner;
ii) To issue a writ of mandamus directing the 2 nd respondent
to initiate enquiry against the Manager 5 th respondent on
the allegations of sexual harassment made by the petitioner
as directed in Ext.P1 GO, in accordance with Sexual
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Harassment of Women at workplace (Prevision, Prohibition
and Redressal) Act 2013 read with KER Act and Rules
thereunder;
iii) To issue a writ of mandamus directing the respondents
to pass orders finalising the enquiry against the Manager as
directed in Ext.P1 GO within a time frame to be fixed by this
Hon'ble Court;
iv) To issue such other orders, directions or writs as may be
prayed for and that this Hon'ble Court may deem fit on the
facts and circumstances of the case.[SIC]"
12. On the other hand, the case of the Manager is that
the District Finance Inspection Squad, on the basis of the
enquiry conducted in the School, submitted a report with file
No.253/FIW-F2/2018/Fin dated 30.08.2018, in which serious
financial misappropriation and embezzlement from the part of
the 6th respondent is found in the mid-day meal scheme in the
School. Ext.P14 produced in W.P.(C). No.11964/2020 is the
report dated 30.08.2018 of the District Finance Inspection
Squad. It is stated that a criminal case was registered against
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
the Headmistress as Crime No.23/2019, alleging offences
punishable under Sections 420, 465, 468, 406, 409 and 471
of The Indian Penal Code, 1860. This Court granted
anticipatory bail to the Headmistress in the above criminal
case as evident by Ext.P15 bail order produced in W.P.(C).
No.11964/2020. Based on the above report of the District
Finance Inspection Squad, the Headmistress was again placed
under suspension as per Ext.P16 produced in W.P.(C).
No.11964/2020 on 08.03.2019. Ext.P16 and Ext.P17
produced in that writ petition, was also served to the
Headmistress, which are the charge sheet with the statement
of allegations. It is the case of the Manager that the Assistant
Educational Officer, Kollangode, as per Ext.P18 order
produced in W.P.(C). No.11964/2020 permitted the Manager
to extend the suspension order beyond the period of 15 days
as per the mandate in Rule 67(8) of Chapter XIV(A) of the
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Kerala Education Rules,1959 (hereinafter referred to as,
"KER").
13. The Headmistress filed a revision and a stay
petition before the Government against the order of the
Assistant Educational Officer permitting the extension of the
suspension order. This Court, as per Ext.P19 judgment
produced in W.P.(C)No.11964/2020, directed to consider that
revision and to pass appropriate orders in it. Thereafter the
Government considered the revision filed by the Headmistress
and passed an order as G.O.(Rt.)No.4326/2019/G.Edn. dated
21.10.2019 with observations/directions interalia that the
allegations of fabrication of bills and misappropriation of funds
are clearly proved on the basis of the enquiry conducted by
different State authorities. But the Government directed to
reinstate the Headmistress pending disciplinary proceedings.
Ext.P20 produced in W.P.(C)No.11964/2020 is the
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Government Order disposing the revision. The above
Government Order was challenged by the Manager and the 6 th
respondent by filing W.P.(C)Nos.29663/2019 and
29305/2019. This Court as per Ext.P21 order produced in
W.P.(C)No.11964/2020 stayed the above Government Order
confining the reinstatement of the Headmistress. Challenging
the above interim order, the Headmistress filed Writ Appeal.
As per Ext.P22 judgment produced in W.P.(C)No.11964/2020,
the above Writ Appeal was disposed of, setting aside Ext.P21
interim order mentioned above and directing the Manager to
reinstate the Headmistress in service forthwith. The Division
Bench also directed the educational authorities to conduct an
investigation and complete disciplinary proceedings initiated
against the Headmistress within three months from the date
of receipt of a copy of that judgment. Against Ext.P22
judgment of the Division Bench produced in
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
W.P(C) No.11964/2020, the Manager filed SLP
(C)No.1073/2020 and 1074/2020 before the Apex Court. The
Apex Court dismissed the above SLPs as per Ext.P23 common
order produced in W.P.(C)No.11964/2020. Subsequently, the
Headmistress was reinstated into service by the Manager, as
evident by Ext.P24 produced in W.P.(C)No.11964/2020. In
the meanwhile, the Manager issued an additional charge
memo as evident by Ext.P26 produced in W.P.
(C)No.11964/2020, to the Headmistress, which was in
addition to Ext.P17 memo of charges and statement of
allegation produced in that writ petition itself. Thereafter the
Manager requested the Assistant Educational Officer,
Kollengode, to conduct an enquiry as per Ext.P27 application.
The Assistant Educational Officer, Kollengode, issued a
hearing notice subsequently, and then the Manager submitted
a request to postpone the hearing and requested to conduct a
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
detailed enquiry as per Rule 75 of Chapter XIV(A) of KER.
Ext.P29 produced in W.P.(C)No.11964/2020 is the application
submitted by the Manager. Thereafter the Manager issued
another hearing notice as evident by Ext.P30 produced in
W.P.(C)No.11964/2020. Thereafter the Manager approached
the Deputy Director of Education with a request to issue a
direction to the Assistant Educational Officer to conduct an
enquiry as per Rule 75 of Chapter XIV(A) of KER. Such an
application was submitted before the District Educational
Officer, Palakkad also by the Manager. Thereafter the
Assistant Educational Officer, Kollengode, issued Ext.P34
produced in W.P.(C)No.11964/2020, ordering interalia to bar
one increment of the Headmistress. It is also ordered to
refund the excess amount withdrawn by the Headmistress
with interest. The grievance of the Manager is that Ext.P34
produced in W.P.(C)No.11964/2020 is without complying the
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
mandate of enquiry as contemplated in Rule 75 of Chapter
XIV(A) of KER and hence the Manager filed Ext.P35 revision
memorandum challenging the same. When there was a delay
in considering the same, W.P.(C)No.11964/2020 is filed with
the following prayers:
"i) Quash Exhibit P34 by issuing a writ of certiorari or any
other appropriate writ, order or direction.
ii) Issue a writ of mandamus or any other writ, order or
direction in the nature of mandamus directing the
respondents 3 to 5 to strictly follow the mandate
encompassed composed in Chapter XIVA, Rule 75, of KER,
while conducting the enquiry against the 6 th respondent as
per Exhibit P22 judgment.
iii) Issue a writ of mandamus or any other writ, order or
direction in the nature of mandamus directing the 3 rd
respondent to conduct an enquiry against the 6 th
respondent regarding the allegations leveled against her.
iv) This Hon'ble Court may be further be pleased to pass
any other just and equitable order under the given facts
and circumstances of the case as deemed fit in favour of
the petitioner. [SIC]"
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
14. Challenging the order bearing No.F/477/2019 dated
18.03.2020 passed by the Assistant Educational Officer,
Kollengode, the Headmistress filed W.P.(C)No.2983/2022
with the following prayers:
"i) To issue a writ of certiorari quashing Ext. P12 to the
extent to which it contains findings adverse to the petitioner
and imposes the punishment of increment bar for 1 year
and fixes a liability of Rs 4,45,941.85 and Rs. 10184.50
with 18% interest on the petitioner as unjust, arbitrary, and
unsustainable;
ii) To issue a writ of certiorari quashing Exts. P13 and P14
as unjust, illegal, arbitrary, and unsustainable;
iii) To declare that the petitioner is not liable to pay any
amount as proposed in Exts. P12, P13 and P14, and that
she is not liable to be imposed with the punishment of
increment bar for 1 year based on Ext. P12;
iv) To issue a writ of mandamus directing respondents to
refrain from proceeding against the petitioner based on
Exts.P12, P13 and P14;
v) To issue a writ of mandamus directing the respondent
Nos. 1 and 2 to pass orders cancelling Ext. P12 to the
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
extent it fixes the liability of Rs. 9,65,487/- against the
petitioner and imposes the punishment of increment bar for
1 year, and cancelling Exts. P13 and P14;
vi) To issue such other orders, directions or writs as may
be prayed for and that this Hon'ble Court may deem fit
under the facts and circumstances of the case.[SIC]"
15. In the meanwhile, the Government, as per Ext.P20
produced in W.P.(C)No.29033/2020 ordered to conduct an
enquiry against the Headmistress under Rule 75 of Chapter
XIV(A) of KER. Consequently, the additional Director of
General Education and Vigilance Officer appointed one Mr.
Aboobakker, Joint Director (Academic), as the enquiry officer
as per Ext.P21 produced in W.P.(C)No.29033/2020.
Challenging the Government Order and the consequential
order appointing the enquiry officer, W.P.(C)No.29033/2020
is filed by the Headmistress with the following prayers:
"i) To issue a writ of certiorari quashing Exts. P20 and P21
as unjust, illegal, arbitrary and unsustainable;
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
ii) To declare that the petitioner is not liable to be subjected
to disciplinary proceedings under Rule XIVA KER based on
Exts. P20 and P21;
iii) To issue a writ of certiorari quashing Ext. P17 G.O. to
the extent to which it directs the 2 nd respondent to initiate
recovery proceedings against the petitioner after identifying
the alleged loss amount at the rate of 18% interest in
relation to the noon meal program for the period from
2010-2011 to 2017 February, and the findings in Ext. P17
which are detrimental to the petitioner as unjust, arbitrary
and unsustainable;
iv) To issue a writ of mandamus directing the 1 st
respondent to pass orders cancelling Exts. P20 and Ext.
P21;
v) To issue a writ of mandamus directing the respondents
1, 2 and 6 to refrain from initiating disciplinary proceedings
against the petitioner based on Exts. P20 and P21;
vi) To issue such other orders, directions or writs as may
be prayed for and that this Hon'ble Court may deem fit
under the facts and circumstances of the case.[SIC]"
16. W.P.(C)No.7976/2023 is filed by one Smt. B.
Geetha who is another teacher in the same School. According
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
to Smt. B. Geetha, she will retire from service on 31.03.2023.
She availed leave in connection with the delivery of her
daughter. When there was some complication in connection
with the delivery, Smt. Geetha again applied for another set
of half-pay leave from 16.01.2023 till 31.03.2023, which is
the date on which she retires. But the Manager suspended her
as per Ext.P7 order. Smt. Geetha submitted Ext.P8
representation before the Assistant Educational Officer
against the same. But the Manager issued Ext.P9 charge
memo against Smt. Geetha. Subsequently, the Assistant
Educational Officer directed the Manager to reinstate the
petitioner in service from the date of suspension as per
Ext.P10 produced in W.P.(C)No.7976/2023. Despite the above
order, Smt. B. Geetha was not reinstated is her grievance.
Hence W.P.(C)No.7976/2023 is filed with the following
prayers:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
"i) To issue a writ of certiorari quashing Ext. P7 and P9 as
unjust, illegal, and unsustainable;
ii) To declare that the Ext. P10 has to be implemented
forthwith;
iii) To declare that the allegations levelled against the
petitioner in Ext. P7 and P9 are false and without good faith
and that the suspension period from 18.01.2023 is entitled
to be treated as duty for all service benefits;
iv) To issue a writ of mandamus directing the respondents
to issue orders stating that the suspension from
18.01.2023 is illegal and the said period is entitled to be
treated as the duty with all service benefits;
v) To issue a writ of mandamus directing respondents to
refrain from all disciplinary proceedings against the
petitioner based on Exts. P7 and P9;
(vi) To issue such other orders, directions or writs as may
be prayed for and that this Hon'ble Court may deem fit
under the facts and circumstances of the case.
(vii) To dispense with filing of the translation of vernacular
documents.[SIC]"
17. When these writ petitions came up for
consideration, the counsel appearing for the Headmistress
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Adv. Kaleeswaram Raj submitted that, because of his physical
ailment, he may be allowed to submit argument notes in all
these cases. Considering the submission of Adv. Kaleeswaram
Raj, the other counsel appearing for the other parties, agreed
that they will also file argument notes, and this Court may
pass appropriate orders after going through the argument
notes. Accordingly, the Manager and Headmistress filed
detailed argument notes. The Government Pleader also
submitted an argument note. The argument notes submitted
by the parties will be part of the records.
18. This Court considered the contentions of the
petitioners and the Government Pleader in these cases. All
these writ petitions relate to the disciplinary proceedings
initiated against the Headmistress of the School. Actually,
there are two disciplinary proceedings initiated against the
Headmaster. The first one was initiated by the Manager by the
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
issuance of a suspension order dated 06.03.2017, and the
second one relates to the disciplinary proceedings initiated by
the Manager suspending the Headmistress on 08.03.2019.
W.P.(C)No.6741/2018 relates to the first disciplinary
proceedings. Therefore, I will deal with W.P.(C)No.6741/2018
first.
19. W.P.(C)No.6741/2018 is filed challenging Exts.P14
and P15 produced in that writ petition. Ext.P14 is the enquiry
report of the District Educational Officer, Palakkad and
Ext.P15 is the show cause notice issued by the Manager
against the Headmistress based on Ext.P14. A preliminary
objection was raised by the counsel appearing for the
Manager, stating that no writ petition is maintainable against
an enquiry report. The counsel appearing for the Manager
relied on the judgment of this Court in Rani P. John. v.
State of Kerala and Others [2015 (4) KHC 824]. Therefore,
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
the maintainability issue is to be decided first.
20. Rule 75 of Chapter XIV(A) of KER deals with the
procedure for imposing major penalties. Whenever a
complaint is received or on intimation from the authorised
officer as per Sec.12(A) of the Kerala Education Act, 1958, is
recorded or on consideration of the report of investigation or
for other reasons, the Manager of the school is satisfied that
there is prima facie case for taking action against a teacher,
the definite charge or charges is to be framed framed and
communicated to the teacher concerned with the statement of
allegations on which charge is based and on any other
circumstances which it is proposed to take into consideration
in passing orders on the case. The teacher shall be required to
submit his reply within a reasonable time. After a written
statement from the teacher is received within a time allowed,
the Manager may if he is satisfied that a formal enquiry is to
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
be held into the conduct of the teacher, the Manager can
order a formal enquiry. Then the Manager shall forward the
records of the cases with a request to the educational
authorities to conduct a formal enquiry. The authority to
conduct the formal enquiry is narrated in detail in Rule 75(1)
(b) of Chapter XIV A KER. The inquiring officer may, during
the course of inquiry, add to, amend, alter or modify the
charges framed against the teacher, in which case the teacher
shall be required to submit within a reasonable time to be
specified in that behalf any further written statement of his
defence. On receipt of the further written statement of the
defence, the inquiring officer may inquire into such of the
charges as are not admitted. The teacher can present his case
before the inquiring officer. The inquiring authority shall, in
the course of the inquiry, consider such documentary
evidence and take such oral evidence as may be relevant or
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
material in regard to the charges. The teacher shall be
allowed to cross-examine the witnesses examined in support
of the charges and to give evidence in person and to have
such witnesses as may be produced, examined in his defence.
The person presenting the case in support of the charges is
entitled to cross-examine the teacher and the witnesses
examined in his defence. At the conclusion of the inquiry, the
inquiring authority shall prepare a report of the inquiry,
recording its finding on each of the charges together with the
reason thereof. If, in the opinion of such authority, the
proceedings of inquiry establish charges different from those
originally framed, it may record its findings on such charges
provided that the finding of such charges shall not be
recorded unless the teacher has admitted the facts
constituting them or has an opportunity of defending himself
against them. After inquiry, the inquiring authority shall
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
forward the records of inquiry to the Manager, which include
item No. (i) to (vi), as mentioned in Rule 75 (9) of Chapter
XIV(A) of KER. If the Manager is of the opinion that any of the
penalties mentioned in item No.(iv) to (viii) of rule 65 should
be imposed, the Manager shall furnish to the teacher a copy
of the report of the Inquiring Authority, give him a notice
stating the action proposed to be taken in regard to him and
calling up on him to submit his reply. On receipt of the
representation, if any and after taking into consideration the
representation, the final order shall be passed by the Manager
imposing the penalty with the previous sanction of the
competent authority. From the above, it is clear that the
Manager is the ultimate authority to impose penalty and the
penalty can be imposed only with the previous sanction of the
competent authority. Therefore, the inquiry report may not
have any validity, unless such a report is acted upon by the
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Manager with the previous sanction of the competent
authority.
21. In this case, the impugned orders are the inquiry
report and the consequential show cause notice issued by the
Manager. The Manager can accept the explanation submitted
by the Headmistress and close the disciplinary proceedings if
necessary. If the Manager is of the opinion that the
explanation submitted is not satisfactory, he can initiate
further proceedings. If further proceedings are to be initiated
for imposing a major penalty, the Manager has to file an
application under Rule 74 of Chapter XIV(A) of KER. The prior
permission from the competent authority mentioned in Rule
74 of Chapter XIV(A) of KER is necessary for imposing a
major penalty. If the competent authority mentioned in Rule
74 of Chapter XIV(A) of KER grants permission to impose a
major penalty, there is no bar for the teacher concerned to
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
challenge that order, if there is any patent illegality in it. Of
course, the maintainability of the same is to be decided by the
authority concerned or the Court concerned. If the Manager
imposes a penalty based on the permission obtained under
Rule 74 of Chapter XIV(A) of KER, the petitioner has got
statutory remedies in the Kerala Education Rules. Kerala
Education Act, 1958 and Kerala Education Rules !959 are
complete codes in which a hierarchy of authorities are
mentioned to challenge the orders. If a person is aggrieved by
the orders passed by the statutory authorities mentioned in
KER, he may challenge the same before this Court by
invoking the powers under Article 226 of the Constitution of
India.
22. In W.P.(C.) No. 6741/2018, the order impugned is
only an inquiry report. The counsel appearing for the
Headmistress filed a detailed argument note stating that the
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
sequence of events, in this case, would show that the
intention of the Manager is to remove the Headmistress from
the school and to appoint his wife as the Headmistress.
Several legal and factual contentions are raised in the
argument note. This Court carefully perused the argument
notes submitted by the Headmistress and also the dates and
events mentioned in the argument notes.
23. The validity of an inquiry report of the inquiry
officer prepared and submitted as per Rule 75(10) of Chapter
XIV(A) of KER need not be entertained by this Court because
the same is to be acted upon by the Manager after giving a
show cause notice to the person against whom the inquiry
report is submitted. Thereafter, if a major penalty is to be
imposed by the Manager, the Manager has to obtain prior
permission from the competent authority as per Rule 74 of
Chapter XIV(A) of KER. Therefore, the challenge against the
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
inquiry report need not be entertained usually by this Court
under Article 226 of the Constitution of India. This Court need
not anticipate that the Manager will act upon the same and
impose a major penalty. Moreover, there are no malafides
alleged against the inquiry officer in this case. The main crux
of the argument against the inquiry report is the malafide
intention of the Manager. The inquiry report is prepared by
the educational authorities. Whether the same is to be acted
upon by the Manager is the next stage. If the Manager acts
upon that, the consequential penalty can be imposed only
after getting permission from the competent authority under
Rule 74 of Chapter XIV(A) of KER. Therefore, the challenge
against an inquiry report submitted by the inquiry officer as
per Rule 75 (10) of Chapter XIV(A) of KER need not be
entertained by this Court by invoking the powers under Article
226 of the Constitution of India unless there are flagrant
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
illegalities.
24. It is also to be noted that, in this case, the first
complaint was filed by one Mr. Arumughan against the
Headmistress on 21.06.2016, alleging misappropriation of
funds in connection with the noon meals scheme supplied by
the Headmistress. Ext.R5(b) produced in W.P.(C.) No.
4190/2018 is the first complaint, and the same was forwarded
to the Deputy Director of Education as per Ext.R5(c) on
04.07.2016. As per Ext.R5(d) in that case, dated 19.09.2016,
the Deputy Director of Education found that there is an excess
stock of 217 kgs of rice in the school. Thereafter, Ext.P2
complaint produced in W.P.(C.) No. 4190/2018 was filed by
the Headmistress to the Government on 18.03.2017, alleging
sexual harassment against the Manager. Therefore, the first
complaint, as per the dates and events supplied by the
parties, would show that it was from a third party, namely,
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Mr. Arumughan, as evident by Ext.R5(b), and that was also
on 21.06.2016. Based on that complaint, it was found that
there was an excess stock of 217 kgs of rice in the school. I
do not want to make any further observations about the dates
and events. The case is only at a preliminary stage. Only an
inquiry report is submitted by the inquiry officer before the
Manager, and the Manager issued a show cause notice. If I
discuss the contentions raised by the Headmistress and the
Manager in the argument notes in detail, it will prejudice their
case. Therefore, I do not want to discuss the matter in detail
even though several contentions have been raised by the
Headmistress and the Manager in their argument notes. I am
of the considered opinion that W.P.(C.) No. 6741/2018 need
not be entertained by this Court. Moreover, this Court, in Rani
P John's case (supra), held that against an inquiry report, no
revision is maintainable under Rule 92 of Chapter XIV(A) of
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
KER. Several contentions are raised by the counsel for the
Headmistress in his argument note to distinguish the dictum
laid down in Rani P John's case (supra). I leave open all
those contentions to be agitated at the appropriate stage, if
necessary.
25. Therefore, I am of the considered opinion that
WP(C) No.6741 of 2018 need not be entertained, and the
same can be dismissed, granting liberty to the Headmistress
to raise all her contentions before the appropriate authority at
the appropriate stage, if necesary.
26. WP(C) No.4190 of 2018 is filed to initiate action
against the Manager based on Ext.P1 Government Order
produced in that writ petition. Ext.R5(j) produced by the
Manager in that writ petition is an enquiry report dated
22.02.2018 of the Director of General Educational. Ext.R5(j)
is the consequential enquiry based on the directions in Ext.P1
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Government Order. If the Headmistress is aggrieved by the
same, the Headmistress is at liberty to challenge the same in
accordance with law. Ext.R5(l) produced in that case is also a
report of the Deputy Director of Education, Palakkad closing
the complaint filed by the Headmistress against the Manager.
If the Headmistress is aggrieved by those orders, the
Headmistress is free to challenge the same. Therefore, by
granting liberty to the Headmistress to challenge Exts.R5(j),
R5(l) and other orders, WP(C) No.4190 of 2018 can be closed.
27. WP(C) No.11964 of 2020 is filed by the Manager
challenging Ext.P34 order dated 18.03.2020 of the Assistant
Educational Officer. The same order is challenged by the
Headmistress also in WP(C) No.2983 of 2022. Exts.P13 and
P14 produced in WP(C) No.2983 of 2022 are consequential
orders based on Ext.P12 order in that case. Ext.P12 in WP(C)
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
No.2983 of 2022 and Ext.P34 in WP(C) No.11964 of 2020 are
one and the same. The Headmistress and the Manager filed
revisions against those orders. There can be a direction to
consider those revisions by the Government within a time
frame.
28. WP(C) No.29033 of 2020 is filed by the
Headmistress against Exts.P20 and P21, by which the
Government ordered an enquiry under Rule 75 of Chapter
XIV(A) of KER against the Headmistress. Since this Court is
already directing the Government to consider the revisions
filed by the headmistress and the manager in WP(C) No.4190
of 2018 and WP(C) No.6741 of 2018, the Headmistress can
file a fresh representation against Exts.P20 and P21 before
the Government, and the Government can be directed to
consider that also along with the revision filed by the Manager
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
and the Headmistress against the orders of the Assistant
Educational Officer.
29. WP(C) No.7976 of 2023 is filed by a teacher of the
school to implement Ext.P10 order of reinstatement with
effect from 18.01.2023. The teacher already retired from
service on 31.03.2023. If Ext.P10 is in force as on today, and
if it is not varied or modified by any competent authority, the
same is to be implemented by the Manager by passing
consequential order. This Court, as per Ext.R5(g) produced in
that writ petition, directed the Government to consider the
stay petition and revision filed by the Manager against the
reinstatement order. Subject to the decision if any, in the
revision, the Manager will implement the reinstatement order.
Therefore, these writ petitions are disposed of in the
following manner:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
1. WP(C) No.4190 of 2018 is dismissed, granting
liberty to the petitioner to challenge Exts.R5(j) and
R5(l) if the petitioner is aggrieved by the same.
2. WP(C) No.6741 of 2018 is dismissed, leaving open
all the contentions of the petitioner raised in the writ
petition.
3. WP(C) No.11964 of 2020 is disposed of directing
the 1st respondent to consider Ext.P35 revision
petition and to pass appropriate orders in it, as
expeditiously as possible, at any rate, within a period
of four months from the date of receipt of a stamped
certified copy of this judgment, with notice to the
petitioner and the 6th respondent.
4. WP(C) No.2983 of 2022 is disposed of directing the
1st respondent to consider and pass appropriate
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
orders in Ext.P15 revision petition, as expeditiously as
possible, at any rate, within a period of four months
from the date of receipt of a stamped certified copy of
this judgment, with notice to the petitioner, 5th
respondent and other affected parties, if any.
5. WP(C) No.29033 of 2020 is disposed of, allowing
the petitioner to file a fresh representation against
Exts.P20 and P21, within a period of one month from
the date of receipt of a stamped certified copy of this
judgment before the 1st respondent and if such a
representation is received, the 1 st respondent will
consider the same and pass appropriate orders in it
with notice to the petitioner and the 5 th respondent
along with the revisions, which were already directed
to be considered by this Court in WP(C) Nos.11964 of
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2020 and 2983 of 2022.
6. WP(C) No.7976 of 2023 is disposed of directing the
5th respondent to implement Ext.P10 order, if there is
no prohibitory order from the 1 st respondent, in the
revision which is directed to be disposed of by this
Court as per Ext.R5(g) judgment.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
SMA
DM
SKS
das
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
APPENDIX OF WP(C) 29033/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE SUSPENSION
ORDER DATED 06/03/2017.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED
20/03/2017 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED
28/03/2017 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE
GO(RT)NO.2804/2017/G.EDN. DATED
16/08/2017.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED
02/02/2018 IN WA NO.303/2018.
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED
27/02/2018.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED
27/02/2019 IN BA NO.1184/2019.
EXHIBIT P8 TRUE COPY OF THE FIR NO.55/2019 OF
KOLLENGODE POLICE STATION.
EXHIBIT P9 TRUE COPY OF THE SUSPENSION ORDER
DATED 08/03/2019.
EXHIBIT P10 TRUE COPY OF THE CHARGE MEMO AND
STATEMENT OF ALLEGATIONS DATED
08/03/2019.
EXHIBIT P11 TRUE COPY OF THE REPLY DATED
12/03/2019 SUBMITTED BY THE
PETITIONER ON 25/03/2019 BEFORE THE
5TH RESPONDENT.
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
EXHIBIT P12 TRUE COPY OF THE ORDER NO. F/477/2019
DATED 20/03/2019.
EXHIBIT P13 TRUE COPY OF THE REVISION PETITION
DATED 05/04/2019 SUBMITTED BY THE
PETITIONER BEFORE THE GOVERNMENT.
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED
09/04/2019 IN WPC NO.11293/2019.
EXHIBIT P15 TRUE COPY OF THE MEMO OF CHARGES AND
STATEMENT OF ALLEGATIONS DATED
16/09/2019.
EXHIBIT P16 TRUE COPY OF THE DETAILED EXPLANATION
DATED 01/10/2019 SUBMITTED BY THE
PETITIONER.
EXHIBIT P17 TRUE COPY OF THE GO(RT) NO.4326/2019
G.EDN. DATED 21/10/2019.
EXHIBIT P18 TRUE COPY OF THE JUDGMENT DATED
17/12/2019 IN WA NO.2413/2019 AND ITS
CONNECTED CASE.
EXHIBIT P19 TRUE COPY OF THE ORDER NO. F/477/2019
DATED 18/03/2020 ISSUED BY THE 4TH
RESPONDENT.
EXHIBIT P20 TRUE COPY OF THE LETTER DATED
28/05/2020 ISSUED BY THE 1ST
RESPONDENT.
EXHIBIT P21 TRUE COPY OF THE ORDER NO.
VB5/26069/2017/DGE DATED 22/10/2020.
Exhibit P22 True copy of the complaint was given
to the District Collector.
Exhibit P23 True copy of the photograph from the
Facebook page written by the AEO.
EXT P24 True copy of the relevant part of the
newspaper
RESPONDENT'S EXHIBITS :
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Exhibit R5(a): A true copy of the letter dated 07.06.2016 of
the fifth respondent to the petitioner
Exhibit R5(b): A true copy of the letter dated 07.06.2016 of
the fifth respondent to the AEO
Exhibit R5(c): A true copy of the reply dated 17.06.2016
submitted by the petitioner
Exhibit R5(d): A true copy of the report dated 26.10.2016 of
the AEO
Exhibit R5(e): A true copy of the report dated 17.05.2017 of
the Sub Inspector of Police, Palakkad
Exhibit R5(F): A typewritten copy of the report dated
19.03.2018
Exhibit R5(g): A true copy of the petition ST 1040/17 dated
23.08.2017 filed by me before the Chief Judicial Magistrate
Court, Palakkad
Exhibit R5(h): A true copy of the order dated 17.10.2017 of
the AEO
Exhibit R5(I): A true copy of the Memo of charges dated
06.03.2017
Exhibit R5(J): A true copy of the judgment dated 24.03.2017
passed by this Honourable Court in WPC 9755/2017
Exhibit R5(k): A true copy of the interim order of stay dated
31.08.2017 of this Honourable Court in W.P.(C) No. 28952/2017
Exhibit R5(1): A true copy of the interim order dated
23.01.2018 of this Honourable Court in LA. No. 18922/2017 in
W.P.(C) No. 28952/2017
Exhibit R5(m): A true copy of the report submitted by the DEO
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
along with covering letter dated 09.02.2018
Exhibit R5(n): A true copy of the show cause notice dated
12.02.2018
Exhibit R5(o): A true copy of the report dated 26.05.2018 of
the Joint Secretary of the Education Department
Exhibit R5(p): A true copy of the letter dated 26.07.2018 of
the Government
Exhibit R5(q): A true copy of the report dated 26.08.2017 of
the Inspector of Police, VACB, Palakkad
Exhibit R5(r): A true copy of the letter dated 19.09.2017 of
the DySP, VACB, Palakkad
Exhibit R5(s): A true copy of the letter dated 04.12.2017 of
the Superintendent VACB to the Director
Exhibit R5(t): A true copy of the letter dated 28.07.2019
enclosing therewith a report of Finance Inspection Wing of
Government
Exhibit R5(u): A true copy of the FIR No. 0023/2019 dated
09.01.2019
Exhibit R5(v): A true copy of interim order of stay dated
06.11.2019 granted by this Hon'ble Court in WPC 29663/2019
Exhibit R5(w): A true copy of the order dated 23.01.2020 of
the fifth respondent
Exhibit R5(x): A true copy of the letter dated 10.02.2020
submitted by the petitioner to the AEO,Kollengode
Exhibit R5(y): A true copy of the letter dated 28.02.2020 of
the AEO
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Exhibit R5(z): A true copy of the letter dated 03.03.2020 of
the DDE, Palakkad
Exhibit R5(aa): A true copy of the DO letter dated 20.5.2020
of the AEO to the DDE
Exhibit R5(ab): A true copy of the letter dated 23.08.2018 of
DPI
Exhibit R5(ac): A true copy of the report dated 24.10.2018 of
the DDE
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
APPENDIX OF WP(C) 2983/2022
PETITIONER EXHIBITS
Exhibit P1 COPY OF THE SUSPENSION ORDER DATED
06.03.2017
Exhibit P2 COPY OF THE ORDER DATED 20.03.2017
ISSUED BY THE 4TH RESPONDENT
Exhibit P3 COPY OF THE ORDER DATED 28.03.2017
ISSUED BY THE 4TH RESPONDENT
Exhibit P4 COPY OF THE JUDGMENT DATED 02.02.2018 IN
WA NO.303/2018
Exhibit P5 COPY OF THE INTERIM ORDER DATED
27.02.2018
Exhibit P6 COPY OF THE SUSPENSION ORDER DATED
08.03.2019
Exhibit P7 COPY OF THE CHARGE MEMO AND STATEMENT OF
ALLEGATIONS DATED 08.03.2019
Exhibit P8 COPY OF THE REPLY DATED 12.03.2019
SUBMITTED BY THE PETITIONER ON
25.03.2019 BEFORE THE 5TH RESPONDENT
Exhibit P9 COPY OF THE REVISION PETITION DATED
05.04.2019 SUBMITTED BY THE PETITIONER
BEFORE THE GOVERNMENT
Exhibit P10 COPY OF THE G.O(RT) NO.4326/2019 G.EDN
DATED 21.10.2019
Exhibit P11 COPY OF THE JUDGMENT DATED 17.12.2019 IN
WA NO.2413/2019 AND CONNECTED CASE
Exhibit P12 COPY OF THE ORDER NO.F/477/2019 DATED
18.03.2020 ISSUED BY THE 4TH RESPONDENT
Exhibit P13 COPY OF THE LETTER /NOTICE DATED
12.1.2022 ISSUED BY THE ASSISTANT
EDUCATION OFFICER WITH TYPED COPY
Exhibit P14 COPY OF THE NOTICE ISSUED BY THE MANAGER
DATED 13.1.2022
Exhibit P15 TRUE COPY OF THE REVISION PETITION DATED
2.2.2022 SUBMITTED BY THE PETITIONER
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
APPENDIX OF WP(C) 7976/2023
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE DISCHARGE SUMMARY OF
THE BABY I OF ASHLY
Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY OF
BABY II OF ASHLY
Exhibit P3 TRUE COPY OF THE LEAVE APPLICATION FORM
SUBMITTED BY THE PETITIONER DATED
18.10.2022.
Exhibit P4 TRUE COPY OF THE BILL SUMMARY SHOWING
THE DATE OF ADMISSION AND DATE OF
DISCHARGE IN THE HOSPITAL DATED
02.12.2022.
Exhibit P5 TRUE COPY OF THE PRESCRIPTION FROM SRI
RAMAKRISHNA HOSPITAL.
Exhibit P6 TRUE COPY OF THE PRESCRIPTION AND CASH
BILL PAID BY THE PETITIONER AT THANGAM,
HOSPITAL OF PMRC, PALAKKAD DATED
14.01.2023.
Exhibit P7 TRUE COPY OF THE ORDER NO. DA02/2023
DATED 18.01.2023.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED
21.01.2023 SUBMITTED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE CHARGE MEMO NO.
DA/02/2023 DATED 24.01.2023 ISSUED BY
THE 5TH RESPONDENT.
Exhibit P10 TRUE COPY OF ORDER NO. F/162/2023 DATED
30.01.2023 ISSUED BY THE 4TH RESPONDENT.
Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED
13.02.2023 SUBMITTED BY THE PETITIONER
TO THE 5 TH RESPONDENT.
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Exhibit P12 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER TO THE 2 ND
RESPONDENT DATED 14.02.2023.
Exhibit P13 TRUE COPY OF THE SUSPENSION ORDER OF THE
6TH RESPONDENT ISSUED BY THE 5 TH
RESPONDENT.
Exhibit P14 TRUE COPY OF THE FIR LODGED AGAINST THE
5TH RESPONDENT DATED 16.02.2019
RESPONDENT EXHIBITS
EXHIBIT R5a True copy of the communication dated
20.10.2022 issued by this respondent to
the then Headmistress T.S. Saji
EXHIBIT R5 b True copy of thecommunication dated
14.12.2022 issued by this respondent to
the petitioner
EXHIBIT R5 c True copy of the reply dated 17.12.2022
issued by the petitioner to this
respondent
EXHIBIT R5 e True copy of the communication dated
21.12.2022 issued by this respondent to
the 4th respondent AEO
EXHIBIT R5 g True copy of the judgment dated
14.02.2023 in W.P.(C) No. 4795/2023 of
this Hon'ble Court
EXHIBIT R5 d True copy of the communication dated
21.12.2022 issued by this respondent to
the petitioner
EXHIBIT R5 f True copy of the G.O.(P) No. 163/74/Fin.
dated 17.07.1974
EXHIBIT R5 h True copy of the written statement of
defence submitted by the petitioner
against Ext.P9 on 13.02.2023
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
EXHIBIT R5 i True copy of the charge report dated
18.01.2023 issued to the Manager
EXHIBIT R5 j True copy of the report dated 18.01.2023
issued by the teacher in charge Sri.
Saji
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
APPENDIX OF WP(C) 4190/2018
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF G.O.(RT)NO.2804/2017/G.EDN
DATED 16-8-2017.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION
SUBMITTED BY THE PETITIONER BEFORE THE
GOVERNMENT.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 6-4-
2017 IN WP(C)NO.12100/2017.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 27-7-
2016.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 4-8-
2016.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED
3-2-2018.
EXHIBIT P7 TRUE COPY OF THE FIR IN CRIME NO.
0055/2019 IN KOLLENGODE POLICE STATION
LODGED AGAINST THE 5TH RESPONDENT DATED
16.02.2019.
Exhibit P8 -True copy of the letter submitted by
smt.B.Geetha dated 14.03.2018 to DDE .
Exhibit P8(a) True copy of the letter submitted by
the smt.Rosanara Begum dated 14.03.2018
to DDE.
Exhibit P8(b) True copy of the letter submitted by
the smt.Sheeba K dated 14.03.2018.to
DDE
Exhibit P9 True copy of the FIR in crime Crime
number 436/2017 in Kollengode police
station
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
Exhibit P10 -True copy of the photograph from the
Facebook page written by the AEO.
Exhibit P11 True copy of the relevant part of the
Newspaper dated 23.02.2019 in Manorama
and Janmabhoomi daily
RESPONDENT EXHIBITS
EXHIBIT-R5(A): A TRUE COPY OF THE ENQUIRY REPORT
NO.B4/5578/17 SUBMITTED BY THE DEO
ALONG WITH COVRING LETTER DATED
09.02.2018.
EXHIBIT-R5(B): A TRUE COPY OF THE COMPLAINT DATED
21.06.2016.
EXHIBIT-R5(C): A TRUE COPY OF THE LETTER OF THIS
RESPONDENT DATED 04.07.2016.
EXHIBIT-R5(D): A TRUE COPY OF THE LETTER
NO.H1/13473/2016(2) DATED 19.09.2016
ISSUED BY THE DDE, PALAKKAD.
EXHIBIT-R5(E): A TRUE COPY OF COMPLAINT SUBMITTED TO
THE DISTRICT COLLECTOR ON 27.07.2016
ENDORSING A COPY TO DDE AND AEO.
EXHIBIT-R5(F): A TRUE COPY OF THE REPORT
NO.F/1307/2016 DATED 26.10.2016 ALONG
WITH COVERING LETTER DATED 26.10.2016.
EXHIBIT-R5(G): A TRUE COPY OF THE COMPLAINT DATED
30.03.2017.
EXHIBIT-R5(H): A TRUE COPY OF THE REPORT OF INSPECTOR
OF POLICE, WOMEN CELL DATED 17.05.2017.
EXHIBIT-R5(I): A TRUE COPY OF THE REPORT
NO.F/470/2017(1) OF THE AEO ALONG WITH
COVERING LETTER DATED 23.06.2017.
EXHIBIT-R5(J): A TRUE COPY OF THE REPORT
NO.VB5/26069/2017/D.P.I. DATED
22.02.2018.
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
EXHIBIT-R5(K): A TRUE COPY OF THE REPORT
NO.B6/6496/2017 DATED 23.03.2018.
EXHIBIT-R5(L): A TRUE COPY OF THE ORDER
NO.B6/6496/2017 DATED 23.03.2018.
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
APPENDIX OF WP(C) 6741/2018
PETITIONER EXHIBITS
Exhibit P17 True copy of the FIR lodged against the
5th respondent dated 16.02.2019
Exhibit P18 True copy of the order of suspension
dated 18.01.2023.
Exhibit P19 True copy of the order dated 30.01.2023
issued by the AEO
EXHIBIT P15 TRUE COPY OF THE SHOW CAUSE NOTICE DATED
12/2/2018
EXHIBIT P1 TRUE COPY OF THE SUSPENSION ORDER DATED
6/3/2017
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 20/3/2017
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P3 TRUE COPY OF THE REPLY DATED 15/3/2017
EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED
25/3/2017
EXHIBIT P5 TRUE COPY OF THE REPLY DATED 21/3/2017
EXHIBIT P6 TRUE COPY OF THE ORDER DATED 28/3/2017
ISSUED BY THE 4TH RESPONDENT
EXHIBIT P7 TRUE COPY OF THE CHARGE MEMO DATED
4/4/2017
EXHIBIT P8 TRUE COPY OF THE GO(RT) NO.2804/2017/G.
EDN. DATED 16/8/2017
EXHIBIT P11 TRUE COPY OF THE EXPLANATION DATED
4/10/2017 SUBMITTED BY THE PETITIONER
EXHIBIT P12 TRUE COPY OF I.A NO.18922/2017 IN WPC
NO.28952/2017
EXHIBIT P13 TRUE COPY OF THE ENQUIRY REPORT DTD.
9/1/2018
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
EXHIBIT P14 TRUE COPY OF THE UNDATED ENQUIRY REPROT
TOGETHER WITH COVERING LETTER DATED
9/2/2018
EXHIBIT P16 TRUE COPY OF THE EXPLANATION DATED
24/2/2018 SUBMITTED BY THE PETITIONER
EXHIBIT P10 TRUE COPY OF THE CHARGE MEMO DATED
6/9/2017
EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED
31/8/2017
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
APPENDIX OF WP(C) 11964/2020
PETITIONER EXHIBITS
EXHIBIT P1 TRUE COPY OF THE ORDER WITH
NO.1/SUS/HM/2016 DATED 6.3.2017
EXHIBIT P2 TRUE COPY OF THE ORDER WITH
NO.F/470/2017, DATED 20.3.2017
EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P(C)
NO.9755/2017 DATED 24.3.2017
EXHIBIT P4 TRUE COPY OF THE ORDER WITH NO. G.O(ORD)
NO.2804/2017/GED DATED 16.8.2017
EXHIBIT P5 TRUE COPY OF THE INTERIM DIRECTION OF
THIS HON'BLE COURT DATED 31.8.2017 IN
W.P(C) NO.28952/2017
EXHIBIT P6 TRUE COPY OF THE ORDER IN IA
NO.18922/2017 IN W.P(C) NO.28952/2017
DATED 23.1.2018
EXHIBIT P7 TRUE COPY OF THE ORDER IN IA
NO.18922/2017 IN W.P(C)0 NO.28952/2017
DATED 23.1.2018
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN
W.A.NO.303/2018 DATED 2.2.2018
EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.(C)
NO.28952/2017 DATED 14.2.2018
EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN W.P(C)
NO.13363/2017 DATED 14.2.2018
EXHIBIT P11 TRUE COPY OF THE SHOW CAUSE NOTICE WITH
NO.1/SUS/HM/2016/DIS DATED 12.2.2018
EXHIBIT P12 TRUE COPY OF THE LETTER DATED 24.2.2018
EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER IN W.P(C)
NO.674/2018 DATED 27.2.2018
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
EXHIBIT P14 TRUE COPY OF THE REPORT DATED 30.8.2018
WITH FILE NO.253/FIW-F2/2018/DIN
EXHIBIT P15 TRUE COPY OF THE ORDER IN
B.A.NO.1184/2019 DATED 27.2.2019
EXHIBIT P16 TRUE COPY OF THE ORDER WITH
NO.2/SUS/HM/2019 DATED 8.3.2019
EXHIBIT P17 TRUE COPY OF THE CHARGE SHEET WITH
NO.2/SUS/HM/2019, DATED 8.3.2019 ALONG
WITH STATEMENT OF ALLEGATIONS
EXHIBIT P18 TRUE COPY OF THE ORDER WITH
NO.F/477/2019, DATED 20.3.2019
EXHIBIT P19 TRUE COPY OF THE JUDGMENT IN W.P(C)
NO.11293/2019, DATED 9.4.2019
EXHIBIT P20 TRUE COPY OF THE GOVERNMENT ORDER WITH
NO.G.O(ORD) NO.4326/2019/G.EDN DATED
21.10.2019
EXHIBIT P21 TRUE COPY OF THE COMMON INTERIM ORDER IN
W.P(C) NO.29305/19 AND 29663/2019 DATED
6.11.2019
EXHIBIT P22 TRUE COPY OF THE COMMON INTERIM ORDER IN
W.A.NO.24132 AND 2416 /2019 DATED
17.12.2019
EXHIBIT P23 TRUE COPY OF THE COMMON ORDER DATED
21.1.2020 IN SLP NOS.1073/2020 AND
1074/2020
EXHIBIT P24 TRUE COPY OF THE ORDER WITH
NO.1/R/HM/2020, DATED 23.1.2020
EXHIBIT P25 TRUE COPY OF THE ORDER IN CONTEMPT CASE
NO.10/2020 IN W.A.NO.2413/2019 DATED
27.1.2020
EXHIBIT P26 TRUE COPY OF THE ADDITIONAL CHARGE MEMO
WITH NO.2/SUS/HM/2019(1) DATED 16.9.2019
ALONG WITH THE STATEMENT OF ALLEGATIONS
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
EXHIBIT P27 TRUE COPY OF THE APPLICATION DATED
10.2.2020 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT
EXHIBIT P28 TRUE COPY OF THE HEARING NOTICE WITH
NO.F/477/2019 DATED 5.3.2020
EXHIBIT P29 TRUE COPY OF THE APPLICATION WITH
NO.REF.NO.01/03-20 DATED 10.3.2020
EXHIBIT P30 TRUE COPY OF THE HEARING NOTICE WITH
NO.F/477/2019 DATED 10.3.2020
EXHIBIT P31 TRUE COPY OF THE APPLICATION WITH REF
NO.05/03-20 DATED 12.3.2020
EXHIBIT P32 TRUE COPY OF THE APPLICATION WITH REF
NO.04/03-20, DATED 12.3.2020 SUBMITTED
BEFORE THE 4TH RESPONDENT
EXHIBIT P33 TRUE COPY OF THE APPLICATION WITH REF
NO.03/03-20, DATED 12.3.2020 SUBMITTED
BEFORE THE 5TH RESPONDENT
EXHIBIT P34 TRUE COPY OF THE ORDER WITH
NO.F/477/2019, DATED 18.3.2020
EXHIBIT P35 TRUE COPY OF THE REVISION PETITION FILED
BY THE PETITIONER DATED 8.4.2020 AGAINST
EXT P34 BEFORE THE 1ST RESPONDENT
EXHIBIT P36 true copy of the order with no.gedn-
b3/421/19/g.edn dated 28.05.2020
