IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C).No. 5239 of 2009(Y)
1. G.B. SASIKUMAR, HEADMASTER,
... Petitioner
2. SHINU V. RAJ, HSA,
3. RAJEESH.R, PHYSICAL EDUCATION TEACHER,
4. GANGA.M.K, U.P.S.A,
5. A.S. VIJAYALAKSHMI, HSA,
6. P. SYAMALAKUMARY, HSA,
7. INDIRA DEVI.P, HSA,
8. K.R. GEETHA, HSA,
9. RENJAN MATHEWS.P, UPSA,
10. RADHAMONY AMMA.B, UPSA,
11. D. VASANTHI AMMA, HSA,
12. ANOOP.R.G, UPSA,
13. AHEESH V. ANAND, PEON,
14. SAM DANIEL, HSA,
15. D. RETHEESH BABU, UPSA,
16. VIMALARAJ.R, UPSA,
17. SARILL CHANDRAN.C, FTM,
18. BIJI.K.S, HSA,
19. OMANA AMMA.D, SEWING TEACHER,
20. V. SATHYASEELAN PILLAI, PEON,
21. HARI KUMAR, UPSA,
22. P. GIRIJAKUMAR, FTM,
23. RASANATHU, UPSA,
24. V. RADHAKRISHNA PILLAI, UPSA,
25. RAJI AMMA.B, UPSA,
26. RENJITHA G. KRISHNAN, UPSA,
27. D.I. SREEKUMAR, UPSA,
28. B. SUBHADRAMMA, HSA,
29. REGHUNADHAN PILLAI.G, HSA,
30. C. MAYA, CLERK,
Vs
1. STATE OF KERALA, REPRESEWNTED BY THE
... Respondent
2. THE SECRETARY TO GOVERNMENT,
3. THE DEPUTY DIRECTOR OF EDUCATION,
4. THE DISTRICT EDUCATION OFFICER, KOLLAM.
5. SURESH KUMAR, MANAGER,
For Petitioner :SRI.P.B.SURESH KUMAR
For Respondent :SRI.JOHN JOSEPH VETTIKAD
The Hon'ble MR. Justice P.N.RAVINDRAN
Dated :26/03/2009
O R D E R
P.N.Ravindran, J.
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W.P.(C) No.5239 of 2009
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Dated this the 26th day of March, 2009.
JUDGMENT
Heard Sri. P.B.Suresh Kumar, the learned counsel appearing for the
petitioners, Sri. T.T.Muhamood, the learned Government Pleader
appearing for respondents 1 to 4 and Sri. John Joseph Vettikad, the
learned counsel appearing for the fifth respondent Manager.
2. The first petitioner is the Headmaster of the fifth respondent’s
school. The other petitioners are the teaching and non-teaching staff of
the said school. They have filed this Writ Petition alleging improper
conduct of the part of the fifth respondent. Setting out various
complaints about the fifth respondent, they have submitted Ext.P9
representation before the Deputy Director of Education, Kollam and
Ext.P10 complaint before the Secretary to Government, General
Education Department. In this Writ Petition, they inter alia pray for a
direction to the Deputy Director of Education to enquire into Ext.P9 and
for a direction to the Government to enquire into Ext.P10 complaint
within a time limit to be fixed by this Court.
3. Sri. John Joseph Vettikad, the learned counsel appearing for the
fifth respondent Manager submits that there is no truth or merit in the
charges levelled against the Manager in Exts.P9 and P10. The learned
counsel further submits that many among the petitioners in this Writ
WP(C) No.5239/09 -: 2 :-
Petition have informed the Manager that they have not given instructions
for filing such a Writ Petition and that their signatures have also been
forged. The learned counsel for the fifth respondent also submits that
the same is the situation as regards Exts.P9 and P10 also. The learned
counsel further submits that in these circumstances, the Writ Petition
deserves to be dismissed.
4. The learned Government Pleader appearing for the official
respondents submits that the Government have on receipt of Ext.P10
decided to conduct an enquiry on 27.3.2009 and that the Deputy
Director of Education will enquire into the complaint voiced by the
petitioners and also the contentions put forward by the Manager before
this Court. In the light of the fact that the Deputy Director of Education
is taking steps to enquire into the complaint submitted by the
petitioners, I dispose of this Writ Petition with a direction to the Deputy
Director of Education to hear the Manager also and afford him
reasonable opportunity of being heard in the course of the enquiry. The
Deputy Director of Education shall after such enquiry submit report to
the Government. The enquiry shall be held and the report submitted
within two months from the date of receipt of a certified copy of this
judgment. The Government shall thereafter pass appropriate orders on
Ext.P10 complaint. If the Government comes to the conclusion that the
signatures of any one of the signatories to the complaints have been
forged, the Government shall take appropriate action against those
WP(C) No.5239/09 -: 3 :-
responsible for the same under Rule 12A of the Kerala Education Rules. I
make it clear that I have not expressed any opinion on the merits of the
rival contentions and that it will be open to the Deputy Director of
Education and the Government to come to their own conclusions in the
light of the materials collected in the enquiry.
P.N.Ravindran,
Judge.
ess 6/4