Kerala High Court
Sarafudheen. P.C vs The Secretary To Government on 24 March, 2023
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 24TH DAY OF MARCH 2023 / 3RD CHAITHRA, 1945
WP(C) NO. 10391 OF 2023
PETITIONER:
SARAFUDHEEN P.C.,
AGED 49 YEARS,
S/O ABDUL RAHMAN, URDU TEACHER, KCM UP SCHOOL,
KURUVATTOOR, SHORNUR, OTTAPPALAM, PALAKKAD DISTRICT,
RESIDENT AT PARAKKAL HOUSE, KURUVATTOOR P.O,
PALAKKAD DISTRICT, PIN - 679 336.
BY ADVS.
P.SAMSUDIN PANOLAN
MILAN RACHEL MATHEW
RESPONDENTS:
1 THE SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DEPUTY DIRECTOR OF EDUCATION PALAKKAD,
CIVIL STATION, PALAKKAD DISTRICT, PIN - 678 001.
3 ASSISTANT EDUCATIONAL OFFICER SHORNUR,
OFFICE THE AEO SHORNUR, SHORNUR P.O,
PALAKKAD DISTRICT, PIN - 679 122.
4 THE MANAGER, KCM UP SCHOOL KURUVATTOOR,
VALLAPUZHA. P.O., SHORNUR, OTTAPPALAM,
PALAKKAD DISTRICT, PIN - 679 336.
5 RAJALAKSHMI,
H M (RETIRED) AUP SCHOOL PULASSERIKARA, MARUTHOOR
P.O, PATTAMBI, PALAKKAD DISTRICT, PIN - 679 306.
6 K.M. VASUDEVAN,
ASSISTANT TEACHER, AUP SCHOOL PULASSERIKARA,
MARUTHOOR P.O, PATTAMBI,
PALAKKAD DISTRICT, PIN - 679 306.
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 24.03.2023, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C) No.10391 of 2023 2
P.V.KUNHIKRISHNAN, J
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W.P.(C) No. 10391 of 2023
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Dated this the 24th day of March, 2023
JUDGMENT
The above writ petition is filed with the following prayers:-
i. issue of a writ of certiorari or any other appropriate writ,
order, or direction calling for the records leading to Exhibit-
P5 punishment order, Exbt-P6 and Exhibit-P7 orders and
Exbt-P8 memo of charges and quash the same.
ii. to dispense with the production of translation of documents
in vernacular language.
iii. issue such other reliefs as this court deems fit to grant in the
nature of the case.
2. The petitioner had been working as an Urdu Teacher in the
school of the fourth respondent since 01-06-2010. The wife of the
petitioner Smt.Fathimath Shareefa is the Manager of another school
namely AUP School, Pulasserikara in the same sub district. Fifth
respondent was the Head Master and sixth respondent was a senior teacher
in the above school. It is the case of the petitioner that because of the
irresponsible attitude of the fifth and sixth respondents the student strength
deteriorated and division fall occurred in the school. On 09.03.2018 at
about 4pm, it is submitted that, there was an altercation between the wife
of the petitioner and respondents 5 and 6. Wife of the petitioner
telephoned him and requested to come to school. By the time the
petitioner had finished teaching classes in his school and he reached the
school. It is the case of the petitioner that the sixth respondent attempted to
outrage his wife. The wife was admitted in the hospital. Feeling danger, it
is stated that the fifth and sixth respondents also got admitted. It is
submitted that a false FIR is registered against the petitioner and based on
the same, a disciplinary proceedings was initiated which culminated in
Ext.P5, by which a punishment of censure was imposed. It is the case of
the petitioner that, thereafter, a fresh show cause notice with memo of
charges issued to the petitioner against which the petitioner submitted
Ext.P9 written statement. According to the petitioner, the second
disciplinary proceedings were initiated against the petitioner when a
punishment is already imposed as evident by Ext.P5 is not sustainable.
Hence this writ petition.
3. Heard the learned counsel for the petitioner and the learned
Government pleader.
4. After hearing both sides, I don't want to make any observation
about the facts of the case. Ext.P8 is the memo of charge. The petitioner
submitted his written statement as evident by Ext.P9. Ext.P8 is dated
28-04-2022 and Ext.P9 is dated 16-05-2022.
5. The apprehension of the petitioner is that without considering
the contention in Ext.P5, the Disciplinary Authority may proceed with
Ext.P8. I think there can be a direction to the Assistant Educational Officer,
Shornur, the third respondent to consider Ext.P9 before taking further steps
based on the memo of charge.
Therefore this writ petition is disposed of with the following
direction;
The third respondent is directed to consider the contenion of the
peittioner in Ext.P9 with notice to the affected parties and take appropriate
decision in it before proceeding with the disciplinary proceedings.
Sd/-
P.V.KUNHIKRISHNAN
JUDGE
ak
APPENDIX OF WP(C) 10391/2023
PETITIONER'S EXHIBITS:-
Exhibit-P1 TRUE COPY OF THE FIR IN CRIME NO. 263/2018
OF PATTAMBI POLICE STATION.
Exhibit-P2 TRUE COPY OF THE RELEVANT PAGES OF FIR IN
CRIME NO. 264/2018 OF PATTAMBI POLICE
STATION.
Exhibit-P3 TRUE COPY OF THE CERTIFICATE DATED 28-03-
2018 ISSUED BY THE HM OF 4TH RESPONDENT
SCHOOL.
Exhibit-P4 TRUE COPY OF THE LETTER ISSUED BY THE 4TH
RESPONDENT TO THE 2ND RESPONDENT 27-07-
2019.
Exhibit-P5 TRUE COPY OF THE PUNISHMENT ORDER DATE NIL
ISSUED BY THE 4TH RESPONDENT.
Exhibit-P6 TRUE COPY OF THE ORDER 02-07-2019 ISSUED
BY THE 2ND RESPONDENT.
Exhibit-P7 TRUE COPY OF THE ORDER DATED 06-07-2020
ISSUED BY THE 3RD RESPONDENT TO THE 4TH
RESPONDENT.
Exhibit-P8 TRUE COPY OF THE CHARGE MEMO AND STATEMENT
OF ALLEGATIONS DATED 28-04-2022 ISSUED BY
THE 4TH RESPONDENT.
Exhibit-P9 TRUE COPY OF THE WRITTEN STATEMENT OF
DEFENSE DATED 16-05-2022 SUBMITTED BY THE
PETITIONER.
