Kerala High Court
P.M.Rajalekshmi vs State Of Kerala on 24 October, 2019
Author: Shaji P.Chaly
Bench: Shaji P.Chaly
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE SHAJI P.CHALY
THURSDAY, THE 24TH DAY OF OCTOBER 2019 / 2ND KARTHIKA, 1941
WP(C).No.22736 OF 2019(N)
PETITIONER/S:
P.M.RAJALEKSHMI
AGED 74 YEARS
W/O.LATE BALAN NAIR, MANAGER, NANMINDA A.U.P.SCHOOL,
NANMINDA, KOZHIKODE-673613.
BY ADV. SRI.V.A.MUHAMMED
RESPONDENT/S:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL
EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695001.
2 DIRECTOR OF PUBLIC INSTRUCTIONS (DPI),
DIRECTORATE OF PUBLIC INSTRUCTION, JAGATHY,
THIRUVANANTHAPURAM-695014.
3 DEPUTY DIRECTOR OF EDUCATION,
(DDE), KOZHIKODE, OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION, MANANCHIRA, KOZHIKODE-673001.
4 DISTRICT EDUCATIONAL OFFICER (DEO),
THAMARASSERY, OFFICE OF THE DISTRICT EDUCATIONAL
OFFICER, THAMARASSERY.P.O., KOZHIKODE-673573.
5 ASSISTANT EDUCATIONAL OFFICER (AEO),
OFFICE OF THE ASSISTANT EDUCATIONAL OFFICER,
BALUSSERY SUB DISTRICT, VATTOLI BAZAR.P.O.,
BALUSSERY, KOZHIKODE-673612.
6 M.M.RAMESAN,
HEAD MASTER (NOW UNDER SUSPENSION),
NANMINDA.A.U.P.SCHOOL, NANMINDA.P.O., KOZHIKODE-
673613 AND RESIDING AT MANGANAPARA MALAYIL HOUSE,
KARIYATHUMKAVU, SHIVAPURAM.P.O., KOZHIKODE-670702.
R6 BY ADV. SRI.M.VIJAYAKUMAR
R1 TO 5 - SRI.P.M.MANOJ,SENIOR GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
24.10.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22736 OF 2019(N)
2
JUDGMENT
Petitioner is the Manager of Nanminda A.U.P.School, Kozhikode District. A disciplinary action was initiated against the 6th respondent, which culminated in Ext.P14 order by the Deputy Director of Education, directing reinstatement of the 6 th respondent. Being aggrieved the Manager has preferred Ext.P20 appeal before the Government, which is pending consideration. The sole relief sought for is, early finalisation of Ext.P20.
2. Having heard learned Counsel for the petitioner, learned Government Pleader and the learned Counsel appearing for the 6th respondent, there will be a direction to the 1st respondent to finalise Ext.P20, in accordance with law, at the earliest, and at any rate, within three months from the date of receipt of a copy of this judgment, after providing an opportunity of hearing and participation to the petitioner and the 6 th respondent.
The writ petition is disposed of accordingly.
Sd/ SHAJI P.CHALY JUDGE Jm/ WP(C).No.22736 OF 2019(N) 3 APPENDIX PETITIONER'S/S EXHIBITS:
EXHIBIT P1 THE TRUE COPY OF THE ORDER DATED 6.2.2015 ISSUED BY THE PETITIONER.
EXHIBIT P2 THE TRUE COPY OF THE APPOINTMENT ORDER DATED 6.2.2015 WITH NO.K.DIS D 715/15. EXHIBIT P3 THE TRUE COPY OF DECLARATION DATED 6.2.2015.
EXHIBIT P4 THE TRUE COPY OF MEMO WITH NO.01/2012, DATED 30.7.2012.
EXHIBIT P5 THE TRUE COPY OF THE FIR NO.412/2012, DATED 14.8.2012 OF BALUSSERY POLICE STATION. EXHIBIT P6 THE TRUE COPY OF THE FINAL REPORT INC.C.NO.849/2012 ON THE FILE OF JFMC-II, PERAMBRA.
EXHIBIT P7 THE TRUE COPY OF ORDER WITH NO.D/2425/18 ISSUED BY 5TH RESPONDENT, DATED 31.8.2018. EXHIBIT P8 THE TRUE COPY OF THE FIR WITH NO.423/2018 DATED 1.9.2018.
EXHIBIT P9 THE TRUE COPY OF THE ENQUIRY REPORT 2 DATED 17.9.2018.
EXHIBIT P10 TRUE COPY OF THE COMMUNICATION WITH NO.D/3307/18 DATED 19.9.2018 ADDRESSED TO THIS PETITIONER.
EXHIBIT P11 TRUE COPY OF AN ORDER WITH NO.1/18-19, DATED 25.9.2018 ISSUED BY THE PETITIONER. EXHIBIT P12 TRUE COPY OF THE ORDER WITH NO.D/3398/18 DATED 8.10.2018 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P13 TRUE COPY OF THE ORDER WITH NO.B2/25320/2018, DATED 12.10.2018 ISSUED BY THE 3RD RESPONDENT.
EXHIBIT P14 TRUE COPY OF THE ORDER WITH NO.B2/25320/2018, DATED 25.7.2019 ISSUED BY THE 3RD RESPONDENT.
WP(C).No.22736 OF 2019(N) 4 EXHIBIT P15 TRUE COPY OF THE FIR WITH NO.84/2019, DATED 5.2.2019 OF BALUSSERY POLICE STATION. EXHIBIT P16 TRUE COPY OF THE COMPLAINT, DATED 22.2.2019 OF THE PARENT OF THE SCHOOL.
EXHIBIT P17 TRUE COPY OF THE COMPLAINT, DATED 25.2.2019 OF THE PARENT OF THE SCHOOL.
EXHIBIT P18 TRUE COPY OF THE COMPLAINT DATED, 20.2.2019 OF THE PARENT OF THE SCHOOL.
EXHIBIT P19 TRUE COPY OF THE LETTER, DATED 7.3.2019 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT.
EXHIBIT P20 THE TRUE COPY OF APPEAL DATED 03.09.2019.