Kerala High Court
Ranjith V.K vs State Of Kerala on 5 April, 2024
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE EASWARAN S.
FRIDAY, THE 5TH DAY OF APRIL 2024 / 16TH CHAITHRA, 1946
WP(C) NO. 2742 OF 2018
PETITIONER:
RANJITH V.K.
AGED 40 YEARS
(UNDER ORDER OF TERMINATION FROM SERVICE)U.P.S.A.,
M.S.M.HIGHER SECONDARY SCHOOL, KALLINGALPARAMBA,
MALAPPURAM DISTRICT.
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, SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF PUBLIC INSTRUCTION
THIRUVANANTHAPURAM-695001.
3 THE DEPUTY DIRECTOR OF EDUCATION
MALAPPURAM - 676001.
4 THE DISTRICT EDUCATIONAL OFFICER TIRUR
MALAPPURAM DISTRICT-676101.
5 THE MANAGER M.S.M.HIGHER SECONDARY SCHOOL
KALLINGALPARAMBA, MALAPPURAM DIST-676001.
6 THE HEADMASTER M.S.M.HIGHER SECONDARY SCHOOL
KALLINGALPARAMBA, MALAPPURAM DIST-676001.
BY ADVS.
SRI.BIMAL K. NATH, SR.GOVERNMENT PLEADER
SRI.M.R.ANISON
SMT.K.P.GEETHA MANI
SMT.P.A.RINUSA
SMT.VIDYA G NAIR
WP(C) NO. 2742 OF 2018 -2-
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 05.04.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
WP(C) NO. 2742 OF 2018 -3-
JUDGMENT
The facts in this writ petition are not disputed.
Therefore, I shall not be burdening myself with the
narration of facts in the present writ petition.
2. Indisputedly the petitioner was visited with
the departmental action by the Manager for
unauthorized absence. Though the parties are in dispute
with regard to the period of unauthorized absence, it is
admitted that ultimately punishment of removal from
service was effected by the Manager and accepted by the
educational authorities. Challenge against the
departmental enquiry was confirmed by the Division
Bench of this Court in Writ Appeal Nos.418 and 446 of
2016 as evident from Ext.P12. Ext.P12 shows that the
proportionality of the punishment against the petitioner
was alone the subject matter which was left open. Based
on Ext.P12 judgment, Ext.P14 order was passed by the
District Educational Officer by which the proposal of
punishment was accepted. The petitioner aggrieved by
Ext.P14 moved the Government by Ext.P15 for relaxation
or reduction in the punishment imposed which was also
not considered and Ext.P17 order was passed.
3. I have heard the learned counsel
Sri.Kaleeswaram Raj appearing for the petitioner,
Sri.M.R.Anison for the fifth respondent and the
Government Pleader for the respondent Nos.1 to 4.
4. The learned counsel for the petitioner
Sri.Kaleeswaram Raj relied on the decision of the
honourable Supreme Court in (2005) 12 SCC 182
(State of Punjab and Others Vs. Mohinder Singh).
He refers to paragraph Nos.8 and 9 of the said judgment
in which the honourable apex court has said that a single
instance of blemish on a long service carrier of an
employee may not be visited with a punishment of
removal on the misconduct of unauthorized absence. On
the facts of the said case, the employee was given liberty
to move before the appropriate authority for converting
the order of dismissal into compulsory retirement from
service.
5. On a pointed question to the learned counsel
for the Manager, as to whether his client would be
inclined to take recourse to the method followed by the
honourable Supreme Court and convert the order of
dismissal into a compulsory retirement as requested by
the learned counsel for the petitioner, the counsel for the
Manager submitted before this Court that his client may
not have any objection in converting the order of
dismissal into a compulsory retirement.
In view of the above, I am inclined to set aside
Exts.P14 and P17 orders and remand the matter back to
the Manager to take an appropriate decision in this
regard as requested by the learned counsel for the
petitioner. In the above circumstances, the writ petition
is allowed to the above extent. The petitioner may move
an application for commuting the order of dismissal into
an order of compulsory retirement before the fifth
respondent Manager who shall take a decision on this
regard and seek approval of the educational authorities.
If such an application is filed within a period of one
month from the date of receipt of the copy of the
judgment the Manager shall take a decision immediately
and forward the same to the District Educational Officer,
who shall to take a decision, within a period of three
months from the date of receipt of copy of such request
from the Manager. Writ petition ordered accordingly.
Sd/-
EASWARAN S.
JUDGE
vv
APPENDIX OF WP(C) 2742/2018
PETITIONER EXHIBITS
EXHIBIT P1 A COPY OF THE SHOW CAUSE NOTICE DATED
09-02-2011.
EXHIBIT P2 A COPY OF THE REPLY TO EXT.P1 NOTICE
DATED 24-02-2011 SUBMITTED BY THE
PETITIONER.
EXHIBIT P3 A COPY OF THE LETTER DATED 16-06-2011
ALONG WITH THE REPORT BY THE 3RD
RESPONDENT.
EXHIBIT P4 A COPY OF THE COMPLAINT DATED 1-12-
2011 FILED BY THE PETITIONER.
EXHIBIT P5 A COPY OF THE APPEAL DATED 01-07-2011
PREFERRED BY THE PETITIONER BEFORE
DEPUTY DIRECTOR OF EDUCATION DATED 1-
7-2011.
EXHIBIT P6 A COPY OF THE NOTICE DATED 20-07-2011
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P7 A COPY OF THE ORDER DATED 01-10-2011
ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P8 A COPY OF THE REVISION PETITION DATED
22-03-2012 FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P9 A COPY OF THE JUDGMENT DATED 28-03-
2012 IN WP(C)NO.7842/2012.
EXHIBIT P10 A COPY OF THE G.O.(RT)NO.4288/2012/
G.DEN DATED 12-09-2012.
EXHIBIT P11 A COPY OF THE COMMON JUDGMENT DATED
01-02-2016 IN WP(C)26204/2012 AND
CONNECTED CASE.
EXHIBIT P12 A COPY OF THE COMMON JUDGMENT DATED 4-
3-2016 IN W.A.NOS.418/2016 AND
448/2016.
EXHIBIT P13 A COPY OF THE REPRESENTATION DATED 19-
03-2016.
EXHIBIT P14 A TRUE COPY OF THE ORDER
NO.B3/1695/16/K.DIS DATED 05-09-2016.
EXHIBIT P15 A COPY OF THE REVISION PETITION DATED
11-11-2016 FILED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT.
EXHIBIT P16 TRUE COPY OF THE JUDGMENT DATED 15-11-
2016 IN WP(C)NO.36517/17.
EXHIBIT P17 TRUE COPY OF THE ORDER DATED 22-6-2017
PASSED BY THE 1ST RESPONDENT.
RESPONDENT EXHIBITS
EXHIBIT R5(A) A TRUE COPY OF THE RELEVANT PAGES OF
PETITIONER'S SERVICE BOOK.
EXHIBIT R5(B) A TRUE COPY OF THE REPORT OF THE DEO.
EXHIBIT R5(C) A TRUE COPY OF THE ORDER DATED
12.07.2010 ISSUED THE HEADMASTER OF
THE SCHOOL.
EXHIBIT R5(D) A TRUE COPY OF THE WRITTEN APOLOGY
SUBMITTED BY THE PETITIONER DATED 28-
07-2010.
EXHIBIT R5(E) A TRUE COPY OF THE MEMO OF CHARGES AND
STATEMENT OF ALLEGATION DATED
29.12.2010.
EXHIBIT R5(F) A TRUE COPY OF THE RELEVANT PAGES OF
NOTICE DATED 18.01.2011 PUBLISHED IN
DESHABHIMANI AND CHANDRIKA DAILIES
DATED 18.04.2011.
EXHIBIT R5(G) A TRUE COPY OF THE ORDER DATED
18.02.2012 ISSUED BY THE 3RD
RESPONDENT.
EXHIBIT R5(H) A TRUE COPY OF THE ORDER DATED
11.11.2016 ISSUED BY THE 5TH
RESPONDENT.
