Kerala High Court
P. Riyad vs State Of Kerala on 5 September, 2024
W.P.(C.) No. 31121 of 2024
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IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.M.MANOJ
THURSDAY, THE 5TH DAY OF SEPTEMBER 2024 / 14TH BHADRA, 1946
WP(C) NO. 31121 OF 2024
PETITIONER:
P. RIYAD
AGED 44 YEARS
LOWER GRADE ARABIC TEACHER DEVERKOVIL WEST LOWER
PRIMARY SCHOOL, P.O. THALIYIL, VIA- KUTTIADI
(RESIDING AT PARAPPUMMAL, P.O. KAYAKODI, VIA
KUTTIADI, KOZHIKODE DISTRICT, PIN - 673508
BY ADVS.
V.A.MUHAMMED
M.SAJJAD
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
JAGATHY, THIRUVANANTHAPURAM, PIN - 695014
3 THE DISTRICT EDUCATIONAL OFFICER
OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
P.O. VADAKARA, KOZHIKODE, PIN - 673101
4 THE ASSISTANT EDUCATIONAL OFFICER
KUNNUMMAL, P.O. MOKERI, KOZHIKODE, PIN - 673507
5 THE MANAGER,
DEVERKOVIL WEST LOWER PRIMARY SCHOOL, P.O. THALIYIL,
(VIA) KUTTIADI, KOZHIKODE, PIN - 673508
W.P.(C.) No. 31121 of 2024
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6 THE HEADMASTER,
DEVERKOVIL WEST LOWER PRIMARY SCHOOL, P.O. THALIYIL,
(VIA) KUTTIADI, KOZHIKODE, PIN - 673508
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
05.09.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.(C.) No. 31121 of 2024
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P.M. MANOJ.J
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W.P.(C.) No. 31121 of 2024
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Dated this the 5th day of September, 2024
JUDGMENT
The writ petition is preferred being aggrieved by the
delay occurred in considering Ext.P16 revision petition filed
before the Government.
2. It is stated that the petitioner was placed on
suspension by the 5th respondent Manager as per Order dated
27.12.2012 on the allegation of misbehavior towards the
student in Standard V. Later, he was reinstated on 28.03.2023.
Thereafter, Assistant Educational Officer conducted an enquiry,
whereby he exonerated the petitioner from the charges.
However, at the instance of the Manager, the Government
ordered to reinstate the petitioner subject to the final decision
on the disciplinary action and also ordered for a formal enquiry
by the Director of Public Instructions.
3. In tune with that, the Personal Assistant of the 2 nd
respondent conducted a hearing in the school and furnished
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a report to the Manager. In the light of the said report, the
action of the Manager was ratified by the DEO and ordered to
reinstate the petitioner. For implementing the said order, the
petitioner had already approached this Court by preferring W.P.
(C.) No. 32124 of 2017, and the manager also filed W.P.(C.) No.
31607 of 2017 challenging the Ext.P12 order. Both the writ
petitions were disposed through common judgment by setting
aside Ext.P12 order of imposing a minor penalty. Accordingly,
the petitioner was reinstated by the Manager. However, the
Manager issued a proceedings withholding the increment of the
petitioner without cumulative effect and the Assistant
Educational Officer has issued orders ratifying the action of the
Manager.
4. Being aggrieved by that, the petitioner preferred
statutory revision before the Government as per Ext.P16. Writ
petition is filed seeking a limited prayer for the disposal of
Ext.P16 in a time bound manner.
5. On considering the limited nature of the prayer, I
propose to dispense notice to respondents 5 and 6. Accordingly,
notice to respondent Nos. 5 and 6 is dispensed with.
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6. I heard Sri. Sajjad, learned counsel for the
petitioner and Sri. Premchand R. Nair, learned Government
Pleader appearing for the respondents 1 to 4.
Considering the limited nature of the prayer, to
dispose of the statutory revision preferred by the petitioner
before the 1st respondent, I direct the 1st respondent to
consider and pass appropriate orders on Ext.P16 after issuing
notice to the petitioner as well as respondent Nos. 5 and 6 and
affording an opportunity to be heard. Ext. P16 shall be
considered on merit and pass appropriate orders within a
period of 4 months from the date of receipt of a certified copy
of this judgment.
Sd/-
P.M. MANOJ
JUDGE
sjb
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APPENDIX OF WP(C) 31121/2024
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE SUSPENSION ORDER DATED
27.12.2012 OF THE MANAGER
Exhibit P-2 TRUE COPY OF THE ORDER NO.B/6032/12 DATED
07.01.2013 OF THE 4TH RESPONDENT
Exhibit P-3 TRUE COPY OF THE REQUEST FOR DOCUMENTS
SUBMITTED BY THE TRUE COPY OF MEMO OF
CHARGES AND STATEMENT OF ALLEGATION DATED
22.01.2013
Exhibit P-3 (a) TRUE COPY OF THE REQUEST FOR DOCUMENTS
SUBMITTED BY THE PETITIONER BEFORE THE
MANAGER DATED 07.05.2013
Exhibit P-4 TRUE COPY OF THE LETTER DATED 21.05.2013
OF THE MANAGER REFUSING TO EXTEND THE COPY
OF THE DOCUMENTS
Exhibit P-5 TRUE COPY OF THE STATEMENT OF DEFENSE
DATED 22.06.2013
Exhibit P-6 TRUE COPY OF THE ORDER CRL. M.C. NO.
674/2013 DATED 04.03.2013 OF THIS HON'BLE
COURT
Exhibit P-7 TRUE COPY OF THE AFFIDAVIT DATED
14.01.2013 OF THE PARENTS
Exhibit P-8 TRUE COPY OF THE ENQUIRY REPORT DATED
23.11.2013 OF THE AEO
Exhibit P-9 TRUE COPY OF THE G.O. (RT.)
NO.4445/2016/G.EDN. DATED 31.12.2016
ISSUED BY THE GOVERNMENT
Exhibit P-10 TRUE COPY OF THE REPORT DATED 30.03.2017
BY PERSONAL ASSISTANT OF THE 2ND
RESPONDENT
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Exhibit P-11 TRUE COPY OF THE REVISION PETITION DATED
25.09.2017 BEFORE THE GOVERNMENT
Exhibit P-12 TRUE COPY OF THE ORDER NO.K.DIS B-
5/827/2017 DATED 30.08.2017 OF THE DEO,
VADAKARA
Exhibit P-12 (a) TRUE COPY OF THE ORDER OF RE- INSTATEMENT
OF THE PETITIONER DATED 28.03.2023
Exhibit P-13 TRUE COPY OF THE ORDER NO. 03/2017 DATED
27.01.2024 OF THE MANAGER
Exhibit P-14 TRUE COPY OF THE ORDER NO.
AEOKML/1025/2023-B DATED 06.08.2024
Exhibit P-15 TRUE COPY OF THE DECISION REPORTED IN 2015
(4) KHC 824 IN RANI P JOHN VS. STATE OF
KERALA
Exhibit P-16 TRUE COPY OF THE REVISION PETITION IS
FILED BEFORE THE GOVERNMENT DATED
20.08.2024
Exhibit P-17 TRUE COPY OF THE GO (RT) NO.4782/2021/
G.EDN DATED 25.10.2021
RESPONDENTS' EXHIBITS:NIL
//TRUE COPY// P.A. TO JUDGE
