High Court Kerala High Court

Remila Grace Vijayan vs State Of Kerala on 16 August, 2010

Kerala High Court
Remila Grace Vijayan vs State Of Kerala on 16 August, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 9523 of 2010(M)


1. REMILA GRACE VIJAYAN,
                      ...  Petitioner

                        Vs



1. STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF HIGHER SECONDARY

3. THE REGIONAL DEPUTY DIRECTOR,

4. THE CORPORATE MANAGER,

                For Petitioner  :SRI.KKM.SHERIF

                For Respondent  :SRI.V.A.MUHAMMED

The Hon'ble MR. Justice C.T.RAVIKUMAR

 Dated :16/08/2010

 O R D E R

C.T. RAVIKUMAR, J.

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W.P.(C). NOs. 9523 & 18260 OF 2010

——————————————–

Dated this the 16th day of August, 2010

Common facts and issues involve in these Writ Petitions and

therefore, they are being disposed of by this common judgment.

2. In W.P.(C).No.9523/2010, the challenge is against Ext.P1

order whereby the petitioner was placed under suspension while working

as Principal of Malabar Christian College Higher Secondary School,

Kozhikode and continuance of all proceedings pursuant thereto. The

further prayer is for issuance of writ of mandamus commanding the

respondents to reinstate the petitioner in service. In the latter Writ

Petition, the challenge is against Ext.P8 order to the extent it orders

transfer of the petitioner from M.C.C Higher Secondary School,

Kozhikode to BEM Girls H.S.S and also to quash Ext.P9 order whereby

the seniormost H.S.S.T of the said school Smt.Reena K.P was directed to

take charge of the Principal on provisional basis for the purpose of

drawing and disbursing salary of the staff and for performing the duties of

the Principal of the school. The further prayer is to issue a writ of

mandamus commanding the fourth respondent to appoint the petitioner as

W.P.(C) NO.9523 &
18260/2010 2

Principal of M.C.C Higher Secondary School, Kozhikode. In view of the

order I propose to pass in this Writ Petition I do not think it necessary to

delve into the facts any further. As per inetrim order dated 30.3.2010 in

W.P.(C).No.9523/2010, this Court on finding that the disciplinary

proceedings initiated against the petitioner was not completed, ordered to

reinstate the petitioner in service without prejudice to the completion of

the disciplinary proceedings. Pursuant to the same, the petitioner was

reinstated in service but in another school ie., BEM Higher Secondary

School, Kozhikode. On such transfer, the petitioner was not permitted to

function as the Principal of the said school whilst another teacher was put

in charge, purely on provisional basis as per Ext.P9 in W.P.(C).

NO.18260/2010. The order of transfer of the petitioner was not actually

ratified by the Regional Deputy Director, Kozhikode and in fact, fourth

respondent-Manager was directed to place the seniormost H.S.S.T,

Smt.Reena K.P, in-charge of Principal purely on provisional basis for the

purpose of drawing and disbursal of the salary of the Higher secondary

section of that school and also to perform the routine duties of Principal.

As noticed hereinbefore, this Court ordered to reinstate the petitioner

taking into account the delay in the matter of finalisation of the

disciplinary proceedings initiated against the petitioner. In troth, the

W.P.(C) NO.9523 &
18260/2010 3

Manager cannot be saddled with the liability or responsibility for such

delay and in fact, it is on account of the inaction on the part of the

Regional Deputy Director that the Manager was disabled from concluding

the disciplinary proceedings initiated against the petitioner. Order dated

30.3.2010 in W.P.(C).NO.9523/2010 was modified as per order dated

17.6.2010. Later, a memo was filed by the learned Government Pleader in

W.P.(C).NO.18260/2010 as directed by this Court. Along with the said

memo, a copy of the enquiry report of the Regional Deputy Director,

Kozhikode has been produced. It is thus obvious that the Regional Deputy

Director has now, completed the disciplinary proceedings and submitted

his report to the fourth respondent. The disciplinary proceedings initiated

against the petitioner can be construed only as a proceedings initiated

against her under Rule 75 of Chapter XIV A of the Kerala Education Rules

in the light of G.O.(MS).No.235(1)2009/G.Edn. Dated 5.12.2009. In the

circumstances, without making any further observation with respect to the

merits of the rival contentions, these Writ Petitions are disposed of with a

direction to the Corporate Manager of the CSI Diocesan schools (in

Malabar and Vayanad area), Kozhikode to finalise the disciplinary

proceedings initiated against the petitioner after furnishing a copy of the

enquiry report submitted by the Regional Deputy Director to her and

W.P.(C) NO.9523 &
18260/2010 4

obtaining her explanation thereon in accordance with law, within a period

of two months from the date of receipt of a copy of this judgment. The

petitioner has yet another grievance. According to her, pursuant to the

order of this court dated 30.3.2010, though she was reinstated in service,

she has not been disbursed with the salary. In the said context, it is to be

taken note of the fact that this Court subsequently modified the said order

on 17.6.2010. Taking into account the peculiar facts obtaining in this case,

it is ordered that till disciplinary proceedings is completed, as directed

above, interim order dated 17.6.2010 will remain in force. However, it

will be open to the petitioner to submit a representation before the

Regional Deputy director, Kozhikode for the purpose of issuing

appropriate directions for the disbursement of salary. The petitioner shall

co-operate with the fourth respondent-Manager to conclude the

disciplinary proceedings within the time stipulated above.

(C.T. RAVIKUMAR, JUDGE)

spc

W.P.(C) NO.9523 &
18260/2010 5

C.T. RAVIKUMAR, J.

W.P.(C). NO. /2010

JUDGMENT

June, 2010

W.P.(C) NO.9523 &
18260/2010 6