High Court Kerala High Court

A.A.Padmanabhan vs The State Of Kerala Represented By … on 14 June, 2010

Kerala High Court
A.A.Padmanabhan vs The State Of Kerala Represented By … on 14 June, 2010
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 18372 of 2010(V)


1. A.A.PADMANABHAN
                      ...  Petitioner

                        Vs



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

2. THE DISTRICT EDUCATIONAL OFFICER

3. THE ASSISTANT EDUCATIONAL OFFICER

4. SMT.T.A.REENA

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  : No Appearance

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

 Dated :14/06/2010

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

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                    W.P.(C) No. 18372 of 2010 V
             ```````````````````````````````````````````````````````
                Dated this the 14th day of June, 2010

                            J U D G M E N T

The petitioner is the Manager of A.M.L.P.School,

Kiralur in Thrissur district. As per Ext.P1, the petitioner suspended

the fourth respondent, the Headmistress of the said School, from

service. As per Ext.P2 order, permission was accorded to keep

the fourth respondent under suspension beyond 15 days.

Subsequently, Ext.P4 memo of charges was issued to the fourth

respondent. Ext.P8 is the report of the enquiry conducted against

the fourth respondent. After conducting an enquiry into the

charges levelled as per Ext.P4, the third respondent held the

charges against the fourth respondent as proved. According to

him, he has recommended action against the fourth respondent.

Subsequently, the petitioner has submitted Ext.P10 before the

second respondent for obtaining prior permission in terms of Rule

74 of Chapter XIV-A of the Kerala Education Rules for imposing

the penalty of removal from service of the fourth respondent.

However, as per Ext.P11 order, the second respondent declined to

grant the permission sought for and further directed the petitioner

WPC.18372/2010
: 2 :

to reinstate the fourth respondent in service. The contention of the

petitioner is that the said order was passed without considering

Ext.P8 and the contentions raised in Ext.P10. In the said

circumstances, the petitioner has preferred Ext.P12 revision

petition before the first respondent. He has also filed Ext.P13

petition for staying the operation and implementation of Ext.P11

order.

2. It is evident from the facts expatiated above that

disciplinary proceedings have been initiated against the fourth

respondent as per Ext.P4 and the enquiry as contemplated under

Rule 75 of Chapter XIV-A of the Kerala Education Rules was

conducted. The third respondent, who conducted the enquiry,

submitted Ext.P8 report recommending for initiation of action. It is

based on the same, Ext.P10 was submitted before the second

respondent for obtaining prior permission in terms of Rule 74 of

Chapter XIV-A for imposing the penalty of removal from service of

the fourth respondent. According to the petitioner, Ext.P11 would

reveal that the second respondent did not consider Ext.P8 report

as also the contentions raised in Ext.P10 before declining

WPC.18372/2010
: 3 :

permission. These are matters for consideration of the first

respondent and the petitioner has raised all those averments in

Ext.P12 revision petition. It is the case of the petitioner that in

case Ext.P11 order is implemented pending decision on Ext.P12, it

would adversely affect the interest of the institution and it is in the

said circumstances that Ext.P13 stay petition was moved before

the first respondent.

In the aforesaid circumstances, this writ petition is disposed

of with a direction to the first respondent to consider Ext.P12

revision petition and pass orders thereon with notice to the

petitioner and the fourth respondent, expeditiously, at any rate,

within a period of four months from the date of receipt of a copy of

this judgment. However, the first respondent shall take up Ext.P13

stay petition within a period of two weeks from the date of receipt

of a copy of this judgment and pass orders thereon within a period

of one week thereafter.

Sd/-

(C.T.RAVIKUMAR, JUDGE)
aks

// True Copy //

P.A. To Judge