High Court Kerala High Court

Premachandran vs State Of Kerala on 4 February, 2009

Kerala High Court
Premachandran vs State Of Kerala on 4 February, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 2746 of 2009(B)


1. PREMACHANDRAN, ,U.D.CLERK
                      ...  Petitioner

                        Vs



1. STATE OF KERALA, REPRESENED BY THE
                       ...       Respondent

2. THE DEPUTY DIRECTOR, (EDUCATION)

3. THE DISTRICT EDUCATION OFFICER

4. THE HEADMASTER GOVERNMENT VHSS

5. THE SENIOR ASSISTANT, GOVERNMENT VHSS

                For Petitioner  :SRI.C.RAJENDRAN

                For Respondent  : No Appearance

The Hon'ble MR. Justice K.T.SANKARAN

 Dated :04/02/2009

 O R D E R
                          K.T.SANKARAN, J.
               ----------------------------------------------
                    W.P(C) No.2746 of 2009-B
                ---------------------------------------------
               Dated this the 4th February, 2009.

                           J U D G M E N T

The petitioner, while working as UD Clerk in the Education

Department, was placed under suspension on 28.10.2003 as per

Exhibit P1 order. The memo of charges dated 12.3.2004 was issued.

Exhibit P3 statement of allegations was also issued along with Exhibit

P2 memo of charges. It is stated that the petitioner submitted a reply

to Exhibit P2 memo of charges on 5.6.2004. It is further stated that he

has lost copy of that reply. The District Educational Officer issued

Exhibit P4 notice of enquiry. The petitioner attended the enquiry. The

grievance of the petitioner is that nothing was heard thereafter. The

disciplinary proceedings have not been finalised. The petitioner is not

served with enquiry report. He also complained that the subsistence

allowance was not paid to him after 30.11.2006.

2. Pointing out his grievances, the petitioner submitted

representations, which did not evoke any response. Finally, he

submitted Exhibit P8 representation dated 18.8.2008 to the Deputy

Director of Education requesting for reinstatement and for

disbursement of subsistence allowance. Exhibit P8 is not disposed of.

W.P(C) No.2746 of 2009-B 2

3. The learned Senior Government Pleader submitted that the

subsistence allowance was not disbursed since the petitioner did not

produce non-employment certificate before the Headmaster. The

Senior Government Pleader also pointed out that the non-employment

certificate was produced only upto June 2007.

In the facts and circumstances of the case, I am of the view that

for the present, it would be appropriate to direct the Deputy Director

of Education, Kollam to consider Exhibit P8 and dispose of the same

within a period of one month. The Deputy Director of Education shall

take necessary steps to complete the disciplinary proceedings against

the petitioner. He shall also consider the request of the petitioner for

reinstatement and for disbursement of subsistence allowance, after

affording an opportunity of being heard to the petitioner. It is made

clear that I have not expressed any opinion on the merits of the case.

Writ Petition is disposed as above.

K.T.SANKARAN
JUDGE

ab

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