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 Later, the order of suspension has been
revoked, as evidenced by Exhibit-P12.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)
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(V.GIRI,JUDGE)
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