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.
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
W.P. (C) No. 14786 OF 2010
- - - - - - - - - - - - - - - - - - - - - - - - - - - -
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