Rajesh Kumar S vs The Principal
2024 Latest Caselaw 33040 Ker

Kerala High Court

Rajesh Kumar S vs The Principal on 14 November, 2024

                                                          2024:KER:85018

             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. 38390 OF 2024

PETITIONER/S:
          RAJESH KUMAR S.AGED 47 YEARS
          S/O. SREENIVASAN, CRAFT INSTRUCTOR, SANIK SCHOOL,
          SAINIK SCHOOL P.O., KAZHAKOOTAM,
          THIRUVANANTHAPURAM, RESIDING AT QUARTER NO. C9,
          SAINIK SCHOOL, KAZHAKOOTAM, THIRUVANANTHAPURAM,
          PIN - 695585

           BY ADV S.VISHNU


RESPONDENT/S:
    1     THE PRINCIPAL,SAINIK SCHOOL, KAZHAKOOTAM., SAINIK
          SCHOOL P.O., THIRUVANANTHAPURAM, PIN - 695585

     2     SAINIK SCHOOLS SOCIETY,REPRESENTED BY THE HONORARY
           SECRETARY, MINISTRY OF DEFENCE, SENA BHAVAN, NEW
           DELHI, PIN - 110011

     3     THE BOARD OF GOVERNORS,REPRESENTED BY TH EHONORARY
           SECRETARY, SAINIK SCHOOLS SOCIETY, MINISTRY OF
           DEFENCE, SENA BHAVAN, NEW DELHI, PIN - 110001

     4     UNION OF INDIA
           REPRESENTED BY ITS SECRETARY, MINISTRY OF DEFENCE,
           SOUTH BLOCK, NEW DELHI, PIN - 110011

             D.S.G.I
      THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON   14.11.2024,   THE   COURT    ON   THE   SAME   DAY   DELIVERED   THE
FOLLOWING:
 W.P.C No.38390 of 2024



                                   2
                                                    2024:KER:85018

                            JUDGMENT

The petitioner is working as the Craft Teacher in the 1 st

respondent school. The grievance of the petitioner is that, as

per Ext.P1, the petitioner was placed under suspension, under

Rule 10.14(a) of Sainik School Society Rules & Regulations and

CCS Rules 10(1) (b) & Rule 10(1) (b) of CCA (CCS) Rules. The

suspension was with effect from 31.08.2023 and the same has

been extended for 180 days as per Ext.P2. The same was

further extended for a further period of 180 days with effect

from 09.05.2024 as per Ext.P3. The allegation against the

petitioner is in relation to his involvement in a criminal case

including the offences under POCSO Act. The contention of the

petitioner is that, the continuation of the suspension, is not

proper and he claims reinstatement in service. In such

circumstances, the petitioner submitted Ext.P7 representation

before the 1st respondent and the main relief sought by the

petitioner is to direct the 1st respondent to take a decision on

the same within a time frame.

2024:KER:85018

After hearing the learned counsel for the petitioner and the

learned Government Pleader, I am inclined to dispose of this

writ petition. Accordingly, it is ordered that the 1 st respondent

shall take up Ext.P7 and appropriate orders thereon shall be

passed in accordance with law, after hearing the petitioner. The

decision in this regard shall be taken within a period of three

weeks from the date of receipt of a copy of this judgment.

Sd/-

ZIYAD RAHMAN A.A. JUDGE rpk

2024:KER:85018

APPENDIX OF WP(C) 38390/2024

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SUSPENSION ORDER NO.

2052/SST/2023 DATED 31.08.2023 ISSUED BY THE 1ST RESPONDENT.

Exhibit P2 TRUE COPY OF THE COMMUNICATION NO.

2052/SST/2023 DATED 26.12.2023 ISSSUED BY THE 1ST RESPONDENT.

Exhibit P3 TRUE COPY OF THE COMMUNICATION NO.2052/SST/2024 DATED 08.05.2024 ISSUED BY THE 1ST RESPONDENT.

Exhibit P4 TRUE COPY OF THE ORDER DATED 04.10.2023 IN BAIL APPLICATION NO. 7094 OF 2023 OF THE HON'BLE HIGH COURT OF KERALA.

Exhibit P5 TRUE COPY OF THE O.M.NO.F.NO.11012/17/2013-ESTT(A) DATED 03.07.2015 ISSUED BY THE DIRECTOR (E), MINISTRY OF PERSONNEL, PUBLIC GRIEVANCES & PENSIONS, DEPARTMENT OF PERSONNEL & TRAINING, GOVERNMENT OF INDIA.

Exhibit P6 TRUE COPY OF THE JUDGMENT DATED 16.02.2015 IN CIVIL APPEAL NO.1912/2015 OF THE HON'BLE SUPREME COURT OF INDIA

Exhibit P7 TRUE COPY OF THE REPRESENTATION DATED 26.10.2024 SUBMITTED BY THE PETITIONER TO THE 1ST RESPONDENT.