High Court Kerala High Court

C.C.Paulson vs The State Of Kerala Represented By … on 24 May, 2010

Kerala High Court
C.C.Paulson vs The State Of Kerala Represented By … on 24 May, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 14786 of 2010(W)


1. C.C.PAULSON,S/O.C.P.CHERUKUTTY,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA REPRESENTED BY ITS
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTION,

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE HEADMISTRESS, GOVERNMENT NATIONAL

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

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

 Dated :24/05/2010

 O R D E R
                       C.T. RAVIKUMAR, J.

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                W.P. (C) No. 14786 OF 2010
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            Dated this the 24th day of May, 2010

                           J U D G M E N T

The petitioner is working as High School Assistant

(Physical Science) in G.N.B.H School, Kodakara. He is also

the NCC Officer of that school. Certain complaints were

preferred against him by the then Headmistress of the school

to the NCC Directorate. Pursuant to the same an officer from

the Directorate enquired into the same and submitted Ext.P1

report. In the meanwhile the Deputy Director of Education

also conducted a hearing in the matter and then issued Ext.P2

requiring him to show cause why disciplinary proceedings

should not be initiated against him. they have issued. On

12.4.2010 the then Headmistress informed him that he was

transferred to Government School, Kuzhur as part of the

proceedings initiated against him based on the complaints

preferred against him. The said order of transfer is ordered to

be kept in abeyance as he is on census duty. According to the

petitioner there is absolutely no reason for taking any action

against him based on Ext.P1. Thereupon, against the order of

transfer dated 30.3.2010 the petitioner filed Ext.P5 appeal

WPC.14786/2010
: 2 :

dated 29.4.2010 before the second respondent. The said

appeal is still pending. The apprehension of the petitioner is

that on completion of his census duty, the said order would be

implemented. It is in the said circumstances that this writ

petition has been filed.

2. In view of the order I propose to pass, I am not going

into the merits of the contentions raised by the petitioner.

Admittedly, Ext.P5 appeal preferred against Ext.P4 order of

transfer dated 30.3.2010 against the petitioner is pending

before the second respondent. Therefore, without making any

observation as to the merits of the contentions, this writ

petition is disposed of with a direction to the second

respondent to consider and pass orders on Ext.P5

expeditiously, at any rate, within a period of two months from

the date of receipt of a copy of this judgment. Considering the

fact that the order dated 30.3.2010 is ordered to be kept in

abeyance till 31.5.2010 it will only be appropriate to keep the

same in abeyance so as to enable the petitioner to move the

second respondent praying for a stay of implementation of

Ext.P4 order. In case, the petitioner files such a petition

within a period of two weeks from today, the same shall be

WPC.14786/2010
: 3 :

taken up by the second respondent and he shall pass orders

thereon within two weeks. Till such date, Ext.P4 shall be kept

in abeyance.

Sd/-

(C.T. RAVIKUMAR, JUDGE)

jma
//true copy//

P.A to Judge