Kerala High Court
Sasikumar M vs State Of Kerala on 14 November, 2024
2024:KER:85056
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA, 1946
WP(C) NO. 22738 OF 2024
PETITIONER/S:
SASIKUMAR M.
AGED 53 YEARS
S/O.MADHAVAN PILLAI, H.S.T. (SOCIAL SCIENCE),
R.R.V.G.H.S.S., KILIMANOOR P.O.,
THIRUVANANTHAPURAM, RESIDING AT PRIYA BHAVAN,
CHOOTTAYIL, KILIMANOOR P.O., THIRUVANANTHAPURAM,
PIN - 695601
BY ADVS.
B.MOHANLAL
P.S.PREETHA
ASWIN V. NAIR
KARTHIK J SEKHAR
ABIJITH M.
JAYAPRABHA ARJUN
BLESSY MARY SEBASTIAN
PRAVEENA T.
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
GOVERNMENT OF KERALA, JAGATHY P.O.,
THIRUVANANTHAPURAM, PIN - 695014
W.P.C No. 22738 of 2024
2
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3 THE DEPUTY DIRECTOR OF EDUCATION
EAST FORT, FORT P.O., THIRUVANANTHAPURAM, PIN -
695023
4 THE DISTRICT EDUCATIONAL OFFICER
ATTINGAL, ATTINGAL P.O., THIRUVANANTHAPURAM, PIN
- 695101
5 THE MANAGER
R.R.V. SCHOOLS, KILIMANOOR, KILIMANOOR P.O.,
THIRUVANANTHAPURAM, PIN - 695601
6 THE HEADMISTRESS
R.R.V. GIRLS SCHOOLS, KILIMANOOR, KILIMANOOR
P.O., THIRUVANANTHAPURAM, PIN - 695601
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
K.SIJU
ANJANA KANNATH(K/939/2014)
MARIYA JOSE(K/004011/2023)
OTHER PRESENT:
Adv.V.Venugopal, G.P
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 14.11.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
W.P.C No. 22738 of 2024
3
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JUDGMENT
The petitioner is presently working as HST (Social Science)
in a school managed by the 5th respondent. The 5th respondent
initiated disciplinary proceedings against the petitioner alleging
that he committed grave insubordination and dereliction of the
duty and shown illegal behavior in the school not suitable for a
Teacher. Accordingly, as per Ext.P1, the petitioner was placed
under suspension. However, as per Ext.P2, the 4th respondent
did not accord permission to the Manager to continue the period
of suspension beyond 15 days. The same was challenged by
the Manager by filing a revision petition and the same is now
pending consideration. In the meantime, as Ext.P2 order was
not complied with, further order in the form of Ext.P4 was
passed by the Deputy Director, directing reinstatement and
ultimately the petitioner was reinstated with effect from
13.02.2023. The relief sought by the petitioner in this writ
petition is mainly in relation to regularization of the period of
suspension.
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2. A counter affidavit has been placed on record by the
Manager wherein, it is averred that as part of the disciplinary
proceedings, an inquiry report has been submitted as evidenced
by Ext.R5(e) by the DEO.
3. I have heard the counsel for all the parties.
4. Now the fact remains that, disciplinary proceedings is
pending consideration which is yet to be finalized even though a
report in this regard has been submitted. As far as the
regularization of the period of suspension is concerned, that can
be considered, upon completion of the disciplinary proceeding
which is in its last stages.
Therefore, I am of the view that, this writ petition can be
disposed of, directing the 5th respondent Manager to complete
the disciplinary proceedings taking into account Ext.R5(e) by
following the legal requirements in this regard as expeditiously
as possible. Thus a final decision on the disciplinary
proceedings shall be taken by the Manager within a period of
one month from the date of receipt of a copy of this judgment.
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Thereupon, a decision on the question of regularization of the
period of service shall also be taken by the Manager.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
rpk
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APPENDIX OF WP(C) 22738/2024
PETITIONER EXHIBITS
Exhibit P1 THE TRUE COPY OF THE ORDER NO:RRV-
11/2022 DATED 13.10.2022 ISSUED BY THE
5TH RESPONDENT
Exhibit P2 THE TRUE COPY OF THE ORDER
NO.B3/10649/2022/DEO DATED 21.10.2022
ISSUED BY THE 4TH RESPONDENT
Exhibit P3 THE TRUE COPY OF THE JUDGMENT DATED
09/11/2022 IN W.P.(C)NO:35826/2022 OF
THIS HON'BLE COURT
Exhibit P4 THE TRUE COPY OF THE ORDER
NO:DDETVM/5103/2022-B4 DATED 25/12/2022
ISSUED BY THE 3RD RESPONDENT
Exhibit P5 THE TRUE COPY OF THE ORDER
NO:RRV/REDDY/20230213/01 DATED
12/02/2023 ISSUED BY THE 5TH RESPONDENT
Exhibit P6 THE TRUE COPY OF THE JUDGMENT DATED
13/02/2023 IN W.P.(C)NO:1166/2023 OF
THIS HON'BLE COURT
Exhibit P7 THE TRUE COPY OF THE APPLICATION DATED
07/05/2024 SUBMITTED BY THE PETITIONER
BEFORE THE 5TH RESPONDENT AND ITS
POSTAL RECEIPT DATED 07/05/2024
Exhibit P8 THE TRUE COPY OF THE APPLICATION DATED
08/05/2024 SUBMITTED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT AND ITS
POSTAL RECEIPT
Exhibit P9 THE TRUE COPY OF THE APPLICATION DATED
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08/05/2024 SUBMITTED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT AND ITS
POSTAL RECEIPT
RESPONDENT EXHIBITS
Exhibit.R5(a) True copy of Revision Petition filed by
the Manager dated 28.10.2022 before the
Government
Exhibit.R5(b) True copy of Internal Committee Report
dated 30.01.2023
Exhibit.R5(c) The true copy of the charge memo and
statement of allegations dated
11.11.2022 issued by the Manager to the
petitioner
Exhibit.R5(d) True copy of judgment in
W.P(C)No.13825/2023 dated 13.4.2023
Exhibit.R5(e) True copy of report of the enquiry
forwarded to the Manager by the 4th
respondent along with a covering letter
dated 7.6.2023
