P.K.Sobha vs The State Of Kerala on 29 November, 2018

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Kerala High Court

P.K.Sobha vs The State Of Kerala on 29 November, 2018

Bench: A.Muhamed Mustaque

            IN THE HIGH COURT OF KERALA AT ERNAKULAM

                              PRESENT

          THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE

THURSDAY, THE 29TH DAY OF NOVEMBER 2018 / 8TH AGRAHAYANA, 1940

                      WP(C).No. 34056 of 2018


PETITIONERS:

               P.K.SOBHA
               AGED 53 YEARS, W/O. GOPAKUMAR V, RESIDING AT
               AKSHAYA, BILATHIKULAM, ERANJHIPALAM P.O,
               KOZHIKODE-673006, KERALA

               BY ADVS.
               SRI.G.SREEKUMAR (CHELUR)
               SRI.S.S.ARAVIND


RESPONDENTS:

      1        THE STATE OF KERALA
               REPRESENTED BY THE SECRETARY TO THE GOVERNMENT,
               EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
               THIRUVANANTHAPURAM-695001

      2        DIRECTOR,
               PUBLIC EDUCATION,GENERAL EDUCATION DEPARTMENT,
               THIRUVANANTHAPURAM-695 014.

      3        DEPUTY DIRECTOR OF EDUCATION,
               CALICUT, CIVIL STATION 2ND FLOOR, KOZHIKODE,
               KERALA-673020

      4        MANAGER,
               PUTHUR UPPER PRIMARY SCHOOL, PUTHUR, PAVANGAD,
               PUTHIYANGADI P.O.CALICUT-673021,KERALA.

               BY ADV.
               SRI. B.UNNIKRISHNA KAIMAL, GOVERNMENT PLEADER



THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
29.11.2018, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                            A. MUHAMED MUSTAQUE, J.
                 =========================
                           W.P.(C) No.34056 OF 2018
                 =========================
                Dated this the 29th day of November, 2018


                                 JUDGMENT

Petitioner, who is a teacher of Puthur U.P. School, Puthiyangadi, Calicut, is under suspension since 09.10.2018. The audit department found out certain irregularity and misappropriation in relation to the implementation of noon meal scheme. That was for a period of five years. It is to be noted that the petitioner assumed the office of a teacher only on 01.06.2017. Anyhow, taking note of the nature of the allegations, I am of the view that the petitioner shall be reinstated. However, it is open for the official respondent to entrust the entire noon-meal scheme to any senior teacher, if they are so desirous. The reinstatement will be subject to the outcome of disciplinary proceedings, if any, initiated. Issue copy today itself.

Sd/-

A. MUHAMED MUSTAQUE, JUDGE Skk/Ad.291118 WP(C).No. 34056 of 2018 3 APPENDIX PETITIONER'S EXHIBITS:

EXHIBIT P1 A TRUE COPY OF THE APPOINTMENT ORDER OF THE PETITIONER AS PROBATIONARY HEAD MISTRESS. EXHIBIT P2 A TRUE COPY OF THE SUSPENSION ORDER DATED 9.10.2018 ISSUED BY THE 3RD RESPONDENT.

EXHIBIT P3 THE TRUE COPIES OF THE MATHRUBHUMI NEWS PAPERS DATED 10.10.2018 EXHIBIT P4 A TRUE COPY OF THE LETTER DATED 11.10.2018 SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT.

EXHIBIT P5 A TRUE COPY OF THE REPLY DATED 11.10.2018 FURNISHED BY THE 4TH RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE ENQUIRY REPORT NO.1 DATED 12.12.2017 EXHIBIT P7 A TRUE COPY OF THE ENQUIRY REPORT NO.2 DATED 12.12.2017 EXHIBIT P8 A TRUE COPY OF THE ENQUIRY REPORT NO.3 DATED 13.12.2017 EXHIBIT P9 A COPY OF THE ACKNOWLEDGMENT ISSUED DATED 12.12.2017 EXHIBIT P10 A TRUE COPY OF THE REPLY DATED 13.12.2017 SUBMITTED BY THE PETITIONER.

EXHIBIT P11 A TRUE COPY OF THE REPLY DATED 14.12.2017 SUBMITTED BY THE PETITIONER.

RESPONDENTS' EXHIBITS:       NIL

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