IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 857 of 2010()
1. SHAHUL HAMEED.K, LAB ASSISTANT,
... Petitioner
Vs
1. SRI.K.ABDUL LATHEEF,
... Respondent
2. THE STATE OF KERALA REPRESENTED
3. THE DIRECTOR OF HIGHER SECONDARY
4. THE REGIONAL DEPUTY DIRECTOR
For Petitioner :SRI.V.A.MUHAMMED
For Respondent : No Appearance
The Hon'ble MR. Justice C.N.RAMACHANDRAN NAIR
The Hon'ble MR. Justice P.S.GOPINATHAN
Dated :28/05/2010
O R D E R
C.N.RAMACHANDRAN NAIR & P.S.GOPINATHAN, JJ.
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W.A No. 857 OF 2010
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Dated this the 28thday of May, 2010
J U D G M E N T
Ramachandran Nair, J.
The appeal is filed against the judgment of the learned Single
Judge directing the Manager of the school to consider the
disciplinary proceedings against the appellant. The contention of
the learned counsel appearing for the appellant is that the appellant
was found to be involved in an act of indiscipline in as much as he
conducted a sit in strike in the school and the Director had already
imposed a punishment of warning. However, the Manager
approached the Government stating that higher punishment is
called for and he should be given the freedom to take decision.
Since the Government did not act upon the Manager’s appeal, he
came to this Court which upheld the Manager’s right to take
disciplinary action against the appellant. It is this decision that is
under challenge in this appeal.
2. The main contention raised by the counsel is that when the
matter is taken up for consideration by the Government in an appeal
by the Manager, he cannot simultaneously approach this Court to
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establish his right as manager. The counsel relied on the judgment
of the Division Bench of this Court in Saji Varghese v.
Mohammedkutty and Others (2009 (4) KHC 44) on the contention
that once the matter is pending before the statutory authority this
Court should not have interfered in writ proceedings. However writ is
an extra ordinary remedy and once the court proceeds to consider
the case on merits, there is no scope for allowing another authority to
decide the same matter which stands decided in a writ proceeding.
Therefore, we do not find any merit in the writ appeal.
Consequently the writ appeal is dismissed leaving it open to the
appellant to challenge the final decision taken in the disciplinary
proceedings initiated against him by the Manager.
C.N.RAMACHANDRAN NAIR
(JUDGE )
P.S.GOPINATHAN
(JUDGE )
vps
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