IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 8684 of 2009(E)
1. V.MOIDEEN KUTTY, S/O.MOHAMMED,
... Petitioner
Vs
1. THE STATE OF KERALA REPRESENTED
... Respondent
2. THE DEPUTY DIRECTOR OF EDUCATION,
3. THE DISTRICT EDUCATIONAL OFFICER,
4. THE MANAGER,
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :18/03/2009
O R D E R
P.N.Ravindran, J.
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W.P.(C) No.8684 of 2009
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Dated this the 18th day of March, 2009.
JUDGMENT
Heard Sri. V.A. Muhammed, the learned counsel appearing for the
petitioner and Sri. A.J.Varghese, the learned Government Pleader
appearing for respondents 1 to 3. In the nature of the order that I
propose to pass, it is not necessary to issue notice to or hear the fourth
respondent.
2. The petitioner is a teacher in the fourth respondent’s school. He
was placed under suspension pending disciplinary action by Ext.P1 order
dated 25.7.2008 for a period of 15 days. The Manager thereafter
sought the permission of the District Educational Officer to continue in
suspension beyond 15 days. Such permission was granted by Ext.P2
order dated 7.8.2008. It appears that the Manager thereafter moved the
Deputy Director of Education in revision, who by Ext.P4 order passed on
12.1.2009 permitted the Manager to continue the suspension till the
disciplinary proceedings are finalised. It appears that the disciplinary
enquiry has already been held and report of enquiry submitted. The
petitioner has aggrieved by Ext.P4, filed Ext.P6 revision petition before
the Secretary to Government, General Education Department. He submits
that as the enquiry against him has already been completed, there is no
reason to continue him under suspension and that all that the Manager
has to do is to finalise the disciplinary proceedings. In this Writ Petition
WP(C) 8684/09 -: 2 :-
the petitioner inter alia seeks a direction to the Secretary to Government,
General Education Department to pass orders on Ext.P6 revision petition
after affording him an opportunity of being heard.
3. Ext.P4 order, which is impugned in Ext.P6 revision petition
discloses that the disciplinary enquiry against the petitioner has already
been held and report of enquiry received by the Manager. The petitioner
was placed under suspension on 25.7.2008. Nearly eight months have
passed thereafter. In these circumstances, the Secretary to Government,
General Education Department has to consider whether continuance of
the suspension is warranted.
4. Accordingly I dispose of this Writ Petition with a direction to the
Secretary to Government, General Education Department to consider
Ext.P6 revision petition and pass orders thereon after affording the
petitioner and the fourth respondent an opportunity of being heard.
Final orders in the matter shall be passed within six weeks from the date
on which the petitioner produces a certified copy of this judgment. I
make it clear that I have not expressed any opinion on the merits of the
petitioner’s contentions and that it will be open to the Secretary to
Government to arrive at his own conclusion based on the materials on
record.
P.N.Ravindran,
Judge.
ess