IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 14764 of 2009(M)
1. REMILA GRACE VIJAYAN
... Petitioner
Vs
1. STATE OF KERALA REPRESENTED BY
... Respondent
2. THE DIRECTOR OF HIGHER SECONDARY
3. THE REGIONAL DEPUTY DIRECTOR
4. THE CORPORATE MANAGER
For Petitioner :SRI.KKM.SHERIF
For Respondent :SRI.BABU JOSEPH KURUVATHAZHA
The Hon'ble MR. Justice T.R.RAMACHANDRAN NAIR
Dated :14/08/2009
O R D E R
T.R. Ramachandran Nair, J.
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W.P.(C) No. 14764 of 2009-M
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Dated this the 14th day of August, 2009.
JUDGMENT
The petitioner, while working as Principal of Malabar Christian
College H.S.S. at Kozhikode, was placed under suspension as per Ext.P1.
By Ext.P2, the same was extended also. Ext.P3 is a show cause notice
issued to the petitioner prior to the issuance of Ext.P1. Thereafter, the
petitioner submitted explanation also in the matter. Pursuant to the
representation made by the petitioner, by Ext.P4 the Director of Higher
Secondary Education directed the reinstatement of the petitioner in service
subject to finalisation of the pending disciplinary proceedings. Seeking
implementation of the said order, this writ petition has been filed.
2. The 4th respondent has filed a counter affidavit. It is pointed out
therein that by Ext.R4(a), Ext.P4 order has been recalled by the Director
himself. A reading of Ext.R4(a) shows that the Director has permitted
keeping the petitioner under suspension till finalisation of the disciplinary
proceedings.
3. Therefore, if the petitioner is aggrieved by Ext.R4(a) order, she
may have to challenge the same in appropriate proceedings. It is pointed
wpc 14764/2009 2
out by the learned counsel for the petitioner that the petitioner was not
having any information regarding Ext.R4(a), prior to the production of the
same along with the counter affidavit.
4. Learned counsel for the petitioner submitted that the disciplinary
proceedings may be directed to be completed within a time frame. Learned
counsel for the Manager submits that it can be finalised within a period of
three months. Therefore, reserving the right of the petitioner to challenge
Ext.R4(a), the 4th respondent is directed to finalise the disciplinary
proceedings within a period of three months from the date of receipt of a
copy of this judgment.
The writ petition is disposed of as above. No costs.
(T.R. Ramachandran Nair, Judge.)
kav/