Santhoshkumar.K.C vs State Of Kerala
2023 Latest Caselaw 6748 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
     TUESDAY, THE 20TH DAY OF JUNE 2023 / 30TH JYAISHTA, 1945
                        WP(C) NO. 20037 OF 2023
PETITIONER:

          SANTHOSHKUMAR.K.C.
          AGED 48 YEARS, S/O. LATE V.C. CHANDRASEKHARAN,
          OFFICE ATTENDANT (UNDER SUSPENSION),
          S.K.V. HIGH SCHOOL, PATHIYOOR, ERUVA.P.O.,
          KAYAMKULAM, ALAPPUZHA -690 564
          HAVING RESIDENCE AT 'SANTHOSHBHAVAN',
          KALLARA SOUTH.P.O., KOTTAYAM, PIN - 686611
          BY ADVS.
          ELVIN PETER P.J.
          ABHIJITH.K.ANIRUDHAN
          K.R.GANESH
          GOURI BALAGOPAL
          SREELEKSHMI A.S.

RESPONDENTS:

    1     STATE OF KERALA
          REPRESENTED BY ITS SECRETARY,
          GENERAL EDUCATION DEPARTMENT, SECRETARIAT,
          THIRUVANANTHAPURAM, PIN - 695001
    2     THE DISTRICT EDUCATIONAL OFFICER
          MAVELIKKARA, ALAPPUZHA, PIN - 690101
    3     THE MANAGER, S.K.V. HIGH SCHOOL,
          PATHIYOOR, ERUVA.P.O., KAYAMKULAM, PIN - 690564
    4     SMT. MANJU.M.,
          U.P.S.T., S.K.V. HIGH SCHOOL, PATHIYOOR, ERUVA.P.O.,
          KAYAMKULAM, PIN - 690564
          BY ADV GOVERNMENT PLEADER
          SMT.NISHA BOSE - SR.GP



     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
20.06.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 20037 OF 2023


                                 2



              P.V.KUNHIKRISHNAN, J.
             ------------------------------
             W.P.(C)No. 20037 of 2023
     ----------------------------------------------
      Dated this the 20th day of June, 2023


                        JUDGMENT

The above writ petition is filed with the

following prayers:

"(i) to issue a writ of certiorari calling for the records leading to Exts. P6 and quash the same;

(ii) to issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext.P9 revision petition after giving an opportunity of being heard to the petitioner, within a time prescribed by this Hon'ble Court;

(iii) to declare that Ext.P6 order is illegal and void;

(iv) It is humbly prayed that this Hon'ble Court may be pleased to dispense with filing of English translation of Vernacular Documents.

(v) to issue such other writ order or direction as this Hon'ble Court may deem fit and WP(C) NO. 20037 OF 2023

proper in the facts and circumstances of the case." [SIC]

2. When this writ petition came up for

consideration, the counsel for the petitioner

submitted that the petitioner will be satisfied if a

direction is issued to the 1st respondent to consider

Ext.P9, within a time frame.

3. Heard the learned counsel appearing for

the petitioner and the learned Government Pleader.

No notice is necessary to respondent Nos. 3 and 4

at this stage. If respondent Nos. 3 and 4 are

aggrieved by any of the directions issued by this

Court, they are free to file a Review petition before

this Court.

4. After hearing both sides, I think this writ

petition itself can be disposed of directing the 1 st

respondent to consider Ext.P9, within a time frame

after giving an opportunity of hearing to the WP(C) NO. 20037 OF 2023

petitioner and respondent Nos. 3 and 4.

Therefore, this writ petition is disposed of in

the following manner:

i. The 1st respondent is directed to

consider and pass appropriate orders in Ext.P9,

after giving an opportunity of hearing to the

petitioner and respondent Nos. 3 and 4, as

expeditiously as possible, at any rate, within a

period of one month from the date of receipt of

a certified copy of this judgment.

ii. The petitioner will produce a certified

copy of this judgment along with a copy of this

writ petition before the 1st respondent for

compliance.

Sd/-

P.V.KUNHIKRISHNAN SK JUDGE WP(C) NO. 20037 OF 2023

APPENDIX OF WP(C) 20037/2023

PETITIONER'S EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE SUSPENSION ORDER NO. 01/16 DATED 29.02.2016 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P2 TRUE COPY OF THE COMMUNICATION DATED 31.03.2016 ISSUED BY THE THEN HEADMASTER TO THE PETITIONER. EXHIBIT P3 TRUE COPY OF THE FIRST INFORMATION REPORT DATED 21.02.2016 ISSUED BY THE KAREELAKULANGARA POLICE STATION, ALAPPUZHA.

EXHIBIT P4 TRUE COPY OF THE JUDGMENT DATED 16.01.2019 IN CALENDAR CASE NO. 633/2016 IN THE COURT OF JUDICIAL FIRST CLASS MAGISTRATE-I, HARIPAD. EXHIBIT P5 TRUE COPY OF THE SUSPENSION ORDER NO. M-2/2023 DATED 02.05.2023 ISSUED BY THE 3RD RESPONDENT MANAGER SUSPENDING THE PETITIONER FROM SERVICE.

EXHIBIT P6 TRUE COPY OF THE ORDER NO.

DEOMVK/1445/2023-B4 DATED 16.05.2023 ISSUED BY THE 2ND RESPONDENT EXTENDING THE PERIOD OF SUSPENSION BEYOND 15 DAYS AGAINST THE PETITIONER.

EXHIBIT P7 TRUE COPY OF THE MEMO OF CHARGES NO. M-2/2023 WITH STATEMENT OF ALLEGATIONS DATED 03.05.2023 ISSUED BY THE 3RD RESPONDENT TO WP(C) NO. 20037 OF 2023

THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE WRITTEN STATEMENT OF OBJECTION DATED NIL. SUBMITTED BY THE PETITIONER AGAINST EXT.P7 MEMO OF CHARGES.

EXHIBIT P9 TRUE COPY OF THE REVISION SUBMITTED BY THE PETITIONER UNDER RULE 92 OF CHAPTER XIVA KER DATED 04.06.2023 BEFORE THE 1ST RESPONDENT.

RESPONDENTS' EXHIBITS : NIL