Kerala High Court
The Manager vs State Of Kerala on 6 November, 2024
2024:KER:82371
WPC.No.39061/24 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
WEDNESDAY, THE 6TH DAY OF NOVEMBER 2024 / 15TH KARTHIKA,
1946
WP(C) NO. 39061 OF 2024
PETITIONERS:
THE MANAGER,
AGED 52 YEARS,
A U P SCHOOL, PILASSERY, PILASSERY P.O.,
KUNNAMANGALAM, KOZHIKODE, PIN - 673 571.
BY ADVS.
P.NANDAKUMAR
VIVEK VIJAYAKUMAR
MERIN K JIMMY
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695 001.
2 THE DEPUTY DIRECTOR OF EDUCATION,
OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION,
MANANCHIRA, KOZHIKODE, PIN - 673 001.
3 THE DISTRICT EDUCATIONAL OFFICER,
DISTRICT EDUCATIONAL OFFICE, THAMARASSERY,
KOZHIKODE, PIN - 673 573.
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WPC.No.39061/24 2
4 THE ASSISTANT EDUCATIONAL OFFICER,
ASSISTANT EDUCATIONAL OFFICE, KUNNAMANGALAM,
KOZHIKODE, PIN - 673 571.
5 SHANAVAS P.B.,
UPST (UNDER SUSPENSION), A U P SCHOOL, PILASSERY
RESIDING AT PILATHOTTATHIL HOUSE, THIRUVAMBADY
P.O., KOZHIKODE, PIN - 673 603.
SRI.V.K.SUNIL, SR.GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 06.11.2024, THE COURT ON THE SAME DAY
DELIVERED THE FOLLOWING:
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WPC.No.39061/24 3
JUDGMENT
The petitioner is the Manager of A U P School, Pilassery,
Kozhikode District. The petitioner initiated disciplinary
proceedings against the 5th respondent and after completing
the enquiry, Ext.P12 enquiry report was submitted by the
Assistant Educational Officer. Thereupon, Ext.P13 notice was
issued by the Manager proposing to impose a penalty of
removal from service, which shall not be a disqualification for
future employment.
2. However, the same was interfered with by the 2 nd
respondent as per Ext.P17 order, directing the Manager to
reinstate the 5th respondent in service. The same was
challenged by the petitioner before this court by filing WP(C)
No 12563/2024, which culminated in Ext.P18, wherein
Ext.P17 order was set aside, finding that the 2 nd respondent
does not have the jurisdiction to interfere with the punishment
imposed and as per the proper procedure, it is for the manager
to impose punishment with previous approval of the 3 rd
respondent.
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3. Accordingly, directions were issued as per Ext.P18
judgment to complete the proceedings in compliance of the
legal provisions. Consequently, the Manager approached the
3rd respondent for prior approval of the punishment which was
considered by the 3rd respondent. After hearing all the parties,
vide Ext.P20, the 3rd respondent found that the disciplinary
proceedings were not completed by following statutory
requirements and therefore, the 5 th respondent was directed to
be reinstated in service without imposing any punishment.
Challenging the said order the petitioner submitted Ext.P21
revision petition before the 1 st respondent, which is now
pending consideration.
4. The main relief sought by the petitioner is to direct the 1 st
respondent to take a decision on the revision petition within a
time frame, and till then, the implementation of Ext.P20 be
kept in abeyance.
5. After hearing the learned counsel for the petitioner
and the learned Government Pleader, I am inclined to dispose
of this writ petition.
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Accordingly, it is ordered that, the 1 st respondent shall
take up Ext.P21 revision petition and appropriate orders
thereon shall be passed in accordance with law, after hearing
the petitioner and the 5th respondent. The orders in this
regard shall be passed by following the timeline and
preferences mentioned in the G.O.(Ms).No.54/2024/GEDN
dated 01.06.2024. Till such a decision is taken by the 1 st
respondent on Ext.P21, implementation of Ext.P20 shall be
kept in abeyance.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/7.11.24
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APPENDIX OF WP(C) 39061/2024
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF LETTER DATED 24.08.2020
SUBMITTED BY THE 5TH RESPONDENT TO THE
HEAD MASTER
Exhibit P2 TRUE COPY OF LETTER DATED 21.10.2020
ISSUED BY THE 4TH RESPONDENT TO THE
PETITIONER
Exhibit P3 TRUE COPY OF LETTER DATED 13.07.2021
SENT BY THE HEAD MISTRESS TO THE
PETITIONER
Exhibit P4 TRUE COPY OF LETTER DARED 02.08.2021
SENT BY THE HEAD MISTRESS TO THE
PETITIONER
Exhibit P5 TRUE COPY OF ORDER NO. DA 01/2021 DATED
04.08.2021 ISSUED BY THE PETITIONER
Exhibit P6 TRUE COPY OF LETTER DATED 08.12.2021
ISSUED BY THE 4TH RESPONDENT
Exhibit P7 TRUE COPY OF PETITION DATED 05.07.2023
SUBMITTED BY THE PARENTS OF THE
STUDENTS OF AUP SCHOOL BEFORE THE HEAD
MISTRESS WITH COPY OF THE PETITIONER
Exhibit P8 TRUE COPY OF COMPLAINT DATED 03.10.2023
SUBMITTED BY THE PARENTS OF THE
STUDENTS OF AUP SCHOOL BEFORE THE
PETITIONER
Exhibit P9 TRUE COPY OF ORDER DATED 06.10.2023
ISSUED BY THE PETITIONER
Exhibit P10 TRUE COPY OF ORDER NO. AEOKMG/1645/2023
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- C DATED 18.10.2023 ISSUED BY THE 4TH
RESPONDENT
Exhibit P11 TRUE COPY OF MEMO OF CHARGES ALONG WITH
THE STATEMENT OF ALLEGATIONS DATED
07.11.2023 ISSUED BY THE PETITIONER
AGAINST THE 5TH RESPONDENT
Exhibit P12 TRUE COPY OF ENQUIRY REPORT ISSUED AS
PER LETTER NO. AEOKMG/1645/2023-C DATED
06.02.2024 BY THE 4TH RESPONDENT
Exhibit P13 TRUE COPY OF SHOW CAUSE NOTICE DATED
02.03.2024 ISSUED BY THE PETITIONER TO
THE 5TH RESPONDENT.
Exhibit P14 TRUE COPY OF REPLY DATED 07.03.2024
SUBMITTED BY THE 5TH RESPONDENT BEFORE
THE PETITIONER.
Exhibit P15 TRUE COPY OF PETITION DATED 12.03.2024
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
Exhibit P16 TRUE COPY OF LETTER DATED 15.03.2024
ISSUED BY THE PETITIONER TO THE 5TH
RESPONDENT.
Exhibit P17 TRUE COPY OF ORDER NO.B2/9204/2023
DATED 13.03.2024 ISSUED BY THE 2ND
RESPONDENT.
Exhibit P18 TRUE COPY OF JUDGMENT IN WP(C)NO. 12563
OF 2024 DATED 17.07.2024
Exhibit P19 TRUE COPY OF LETTER DATED 19.07.2024
SUBMITTED BY THE PETITIONER BEFORE THE
3RD RESPONDENT
Exhibit P20 TRUE COPY OF ORDER NO. A1/630/2024/DEO
DATED 26.10.2024 ISSUED BY THE 3RD
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RESPONDENT
Exhibit P21 TRUE COPY OF REVISION PETITION DATED
28.10.2024 SUBMITTED BY THE PETITIONER
BEFORE THE 1ST RESPONDENT
