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The Manager vs The State Of Kerala on 15 May, 2009

Kerala High Court
The Manager vs The State Of Kerala on 15 May, 2009
       

  

  

 
 
  IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C).No. 13384 of 2009(P)


1. THE MANAGER, DARUSSALAM L.P.SCHOOL,
                      ...  Petitioner

                        Vs



1. THE STATE OF KERALA,
                       ...       Respondent

2. THE DIRECTOR OF PUBLIC INSTRUCTION,

3. THE DEPUTY DIRECTOR OF EDUCATION,

4. THE ASSISTANT EDUCATIONAL OFFICER,

5. SMT.A.M.RAMLATH,

                For Petitioner  :SRI.V.A.MUHAMMED

                For Respondent  :SRI.K.JAJU BABU

The Hon'ble MR. Justice V.GIRI

 Dated :15/05/2009

 O R D E R
                            V.GIRI,J.
                     -------------------------
                W.P ( C) No. 13384 of 2009
                     --------------------------
               Dated this the 15th May,2009

                       J U D G M E N T

Petitioner is the Manager of an Aided School.

Pursuant to Exhibit-P1 complaint filed by the

Headmistress of a nearby Government School, an enquiry

was conducted against the conduct of the 5th respondent,

who is the Headmistress of the petitioner’s school.

Originally the 5th respondent was placed under

suspension. Later, the order of suspension has been

revoked, as evidenced by Exhibit-P12. This has been

challenged by the petitioner in Exhibit-P13 revision

before the Government. This writ petition has been filed

praying for a direction to consider Exhibit P13 and for

other appropriate reliefs.

2. A counter affidavit has been filed by the 5th

respondent. Reference is inter alia made to Exhibit R5(e)

order passed by the Deputy Director (Education) under

Rule 67 (8) of Chapter XIV-A, KER ordering that the 5th

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respondent should be deemed to have been on duty from

8.4.2009.

3. The validity of the order revoking suspension is

pending consideration before the Government. It is only

appropriate that the Government takes a decision in the

matter.

4. In the result, after hearing counsel on both

sides, the writ petition is disposed of directing the 1st

respondent to consider and pass orders on Exhibit-P13

within a period of six weeks from the date of receipt of a

copy of this judgment. This shall be done after hearing the

petitioner as also the 5th respondent.

(V.GIRI,JUDGE)
ma

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(V.GIRI,JUDGE)
ma

W.P ( C) No. 13384 of 2009
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