Kerala High Court
T.S.Saji vs State Of Kerala on 13 April, 2023
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
'CR'
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 4190 OF 2018
PETITIONER:
T.S.SAJI
HEAD MISTRESS, MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M.PUDUR, GOVINDAPURAM P.O., PALAKKAD-678507,
RESIDING AT CHALISSERY HOUSE, VATTEKKAD P.O.,
PALAKKAD-678506.
BY ADVS.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA
KUM.THULASI K. RAJ
SRI.VARUN C.VIJAY
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM-695001.
3 DISTRICT EDUCATIONAL OFFICER
PALAKKAD-678001.
4 ASSISTANT EDUCATIONAL OFFICER
KOLLENGODE, PALAKKAD.
5 T.O.BHASKAR
MANAGER, MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M.PUDUR, GOVINDAPURAM P.O., PALAKKAD-678507.
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 2
BY ADV SRI.U.BALAGANGADHARAN
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, ALONG WITH WP(C).29033/2020 AND CONN.CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 11964 OF 2020
PETITIONER:
T.O.BHASKER
AGED 55 YEARS
S/O.KESAVAN NAIR, MANAGER, MAHAGANAPATHI LOWER
PRIMARY SCHOOL, (MGLPS), M.PUDUR, GOVINDAPURAM
P.O., MUTHALAMADA, PALAKKAD-678 507,RESIDING AT
SOWBHAGYAM, M.PUDUR, GOVINDAPURAM P.O.,
MUTHALAMADA,PALAKKAD-678 507
BY ADV U.BALAGANGADHARAN
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY ITS SECRETARY, DEPARTMENT OF
GENERAL EDUCATION, GOVERNMENT SECRETARIAT,
THIRUVANANTHAPURAM-695 001
2 THE DIRECTOR OF GENERAL EDUCATION (DGE),
FORMERLY DIRECTOR OF PUBLIC INSTRUCTION (DPI),
OFFICE OF THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695 014
3 THE DEPUTY DIRECTOR OF EDUCATION (DGE),
PALAKKAD, OFFICE OF THE DEPUTY DIRECTOR OF
EDUCATION, PALAKKAD-678 001
4 THE DISTRICT EDUCATIONAL OFFICER (DEO)
PALAKKAD , OFFICE OF THE DISTRICT EDUCATIONAL
OFFICER, PALAKKAD-678 001
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 4
5 THE ASSISTANT EDUCATIONAL OFFICER (AEO)
KOLLENGODE, OFFICE OF THE ASSISTANT EDUCATIONAL
OFFICER, KOLLENGODE, KOLLENGODE P.O., PALAKKAD-678
506
6 T.S.SAJI
W/O. C.A.BABY, HEADMISTRESS, MAHAGANAPATHI LOWER
PRIMARY SCHOOL(MGLPS), M.PURUR, GOVINDAPURAM P.O.,
MUTHALAMADA, PALAKKAD-670 507, AND RESIDING AT
CHALISSERY HOUSE, CHETTITHALA, VETTUKKAD P.O.,
PALAKKAD-678 506
BY ADVS.
GOVERNMENT PLEADER
SRI.KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, ALONG WITH WP(C).29033/2020 AND CONN.CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 5
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 6741 OF 2018
PETITIONER:
T.S.SAJI
HEAD MISTRESS,MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M.PUDUR,GOVINDAPURAM P.O.,PALAKKAD 678 507
RESIDING AT CHALISSERY HOUSE,VATTEKKAD P.O.,
PALAKKAD 678 506.
BY ADVS.
SRI.KALEESWARAM RAJ
KUM.A.ARUNA
KUM.THULASI K. RAJ
SRI.VARUN C.VIJAY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO
GOVERNMENT,DEPARTMENT OF GENERAL
EDUCATION,GOVERNMENT
SECRETARIAT,THIRUVANANTHAPURAM 695 001.
2 DIRECTOR OF PUBLIC INSTRUCTIONS
THIRUVANANTHAPURAM 695 001.
3 DISTRICT EDUCATIONAL OFFICER, PALAKKAD 678 001.
4 ASSISTANT EDUCATIONAL OFFICER, KOLLENGODE,
PALAKKAD 678 506.
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 6
5 T.O.BHASKAR MANAGER
MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M.PUDUR,GOVINDAPURAM P.O., PALAKKAD 678 507.
BY ADVS.
GOVERNMENT PLEADER
SRI.ELVIN PETER P.J.
SRI.K.R.GANESH
SMT.NISHA BOSE, SR.GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 13.04.2023, ALONG WITH WP(C).29033/2020 AND CONN.CASES,
THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 7
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 29033 OF 2020
PETITIONER:
T.S.SAJI
AGED 49 YEARS
HEADMISTRESS, MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M. PUDUR, GOVINDAPURAM P.O., PALAKKAD-678507,
RESIDING AT CHALISSERY HOUSE, VATTEKKAD P.O.,
PALAKKAD 678506.
BY ADVS.
KALEESWARAM RAJ
SRI.VARUN C.VIJAY
KUM.A.ARUNA
KUM.THULASI K. RAJ
SMT.MAITREYI SACHIDANANDA HEGDE
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695001.
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION,
JAGATHI,THIRUVANANTHAPURAM-695004.
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 8
3 DISTRICT EDUCATIONAL OFFICER,
PALAKKAD-678001.
4 ASSISTANT EDUCATIONAL OFFICER,
KOLLENGODE, PALAKKAD-678506.
5 T.O. BHASKAR,
MANAGER, MAHAGANAPATHY LOWER PRIMARY SCHOOL, M.
PUDUR, PALAKKAD-678507.
6 ABOOBAKKER A.,
JOINT DIRECTOR (ACADEMIC), DIRECTORATE OF GENERAL
EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695004.
BY ADVS.
K.MOHANAKANNAN
H.PRAVEEN (KOTTARAKARA)(K/736/2011)
SR.G.P.SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2023,A/W.WP(C)No.2983 OF 2022 & CONN.CASES, THE
COURT ON 13.4.2023 DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 9
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 2983 OF 2022
PETITIONER:
T S SAJI
AGED 50 YEARS
W/O.SIVADAS P.M., HEADMISTRESS, MAHAGANAPATHY
LOWER PRIMARY SCHOOL, M.PUDUR, GOVINDAPURAM
(P.O), PALAKKAD-678 507, RESIDING AT CHALISSERY
HOUSE, VATTEKKAD (P.O). PALAKKAD-678 506
BY ADVS.
KALEESWARAM RAJ
VARUN C.VIJAY
THULASI K. RAJ
RESPONDENT/S:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM-695 001
2 DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM-695 014
3 DISTRICT EDUCATIONAL OFFICER,
PALAKKAD-678 001
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 10
4 ASSISTANT EDUCATIONAL OFFICER,
KOLLENGODE, PALAKKAD-678 506
5 T.O.BHASKAR
MANAGER, MAHAGANAPATHY LOWER PRIMARY SCHOOL,
M.PUDUR, GOVINDAPURAM (P.O), PALAKKAD-678 507
6 ABOOBAKKER.A.,
JOINT DIRECTOR (ACADEMIC), DIRECTORATE OF GENERAL
EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 004
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2023,A/W.WP(C)No.29033 OF 2020 & CONN.CASES, THE
COURT ON 13.4.2023 DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 11
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
TH
THURSDAY, THE 13 DAY OF APRIL 2023 / 23RD CHAITHRA, 1945
WP(C) NO. 7976 OF 2023
PETITIONER:
B.GEETHA
AGED 56 YEARS
W/O.V.MOHANKUMAR, LOWER PRIMARY SCHOOL TEACHER
(LPST), M.G.L.P.SCHOOL, M.PUDUR, GOVINDAPURAM
P.O. PALAKKAD -678507, RESIDING AT VAISHNAVAM
HOUSE, CHULLIYARMEDU, MUTHALAMADA P.O., PALAKKAD-
., PIN - 678507
BY ADVS.
KALEESWARAM RAJ
THULASI K. RAJ
APARNA NARAYAN MENON
CHINNU MARIA ANTONY
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT
SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001
2 DIRECTOR OF GENERAL EDUCATION
DIRECTORATE OF GENERAL EDUCATION, JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 12
3 DISTRICT EDUCATIONAL OFFICER
MUNICIPAL COMPLEX, ROBINSON RD, OPP. GOVERNMENT
HOSPITAL, SANTHI NAGAR, SULTANPET, PALAKKAD,
KERALA., PIN - 678014
4 ASSISTANT EDUCATIONAL OFFICER,
KOLLENGODE, PALAKKAD, PIN - 678506
5 MANAGER
MAHAGANAPATHY LOWER PRIMARY SCHOOL, M. PUDUR,
PALAKKAD, PIN - 678507
6 THE HEADMISTRESS
MAHAGANAPATHY LOWER PRIMARY SCHOOL, M. PUDUR,
PALAKKAD, PIN - 678507
BY ADVS.
ELVIN PETER P.J.
K.R.GANESH(K/000551/1991)
GOURI BALAGOPAL(K/002008/2019)
ABHIJITH.K.ANIRUDHAN(K/1644/2020)
SREELEKSHMI A.S.(K/1313/2021)
ANU JOSEPH(K/000964/2022)
BY SR.G.P.SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 05.04.2023,A/W.WP(C)No.2983 OF 2022 & CONN.CASES, THE
COURT ON 13.4.2023 DELIVERED THE FOLLOWING:
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023 13
'CR'
P.V.KUNHIKRISHNAN, J
---------------------------------------
W.P.C.Nos.4190 of 2018, 6741 of 2018,
11964 of 2020, 29033 of 2020,
2983 of 2022 & 7976 of 2023
-------------------------------------------
Dated this the 13th day of April, 2023
JUDGMENT
These six cases are connected; therefore, I am disposing of these cases by a common judgment.
2. The cases are mainly concerning a dispute between the Manager of an aided school by the name 'Mahaganapathy Lower Primary School', M.Pudur, Palakkad (hereinafter referred to as the 'School') on one side and the Headmistress of the same School on the other side. Even though the School is in the name of God 'Mahaganapathy', the fight between the W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 14 Manager and the Headmistress has been continuing for the last several years. About 25 proceedings were initiated before this Court either by way of writ petitions or writ appeals by both parties. Let us pray to the god "mahaganapathy" to bless the children studying in this school for a bright education period untrammeled by this fight between the Manager and the Headmistress.
3. W.P.(C) No.4190/2018, 6741/2018, 29033/2020 and 2983/2022 are filed by the Headmistress of the School, Smt.T.S.Saji. Smt.T.S.Saji is hereinafter mentioned as the 'Headmistress'. W.P.(C) No.11964/2020 is filed by the Manager of the School. W.P.(C) No.7976/2023 is filed by another teacher by the name B. Geetha of the same School.
4. Smt.T.S.Saji was appointed as a Lower Primary School Assistant (in short, LPSA) in the School on 05.09.1989. She was promoted as Headmistress on W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 15 22.09.2008. While working as Headmistress, she was suspended from service with effect from 06.03.2017 on certain charges. Ext.P1 produced in W.P.(C). No.6741/2018 is the suspension order. Subsequently, as per Ext.P2 produced in W.P.(C). No.6741/2018, the Manager was directed to reinstate the Headmistress into service. But the Manager refused to reinstate the Headmistress, even after Ext.P2.
5. The petitioner, Headmistress, filed a complaint against the Manager of the School alleging sexual advancement towards her. It is the case of the Headmistress that she was mentally and physically harassed by the Manager, and also demoralised her in order to appoint his wife as the Headmistress. In the meanwhile, the Headmistress received Ext.P4 communication from the Manager stating that she cannot be reinstated in service. The Headmistress submitted Ext.P5 reply to Ex.P4. Thereafter, the W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 16 Assistant Educational Officer, Kollangode, again issued Ext.P6 order to revoke the suspension of the Headmistress and to reinstate her. Thereafter, in the month of April 2017, the Manager issued Ext.P7 charge memo to the Headmistress, to which also the Headmistress submitted her reply.
6. Later as per G.O.(Rt.)No.2804/2017/Gen.Edn. Dated 16.08.2017, the Government directed the Manager to reinstate the Headmistress. In the Government Order, it was further directed to enquire into the allegations made against the Manager by the Headmistress alleging sexual advancement. The Government also directed to enquire about the charges raised against the Headmistress.
7. After the above Government Order, the Manager approached this Court by filing W.P.(C). No.28952/2017, and this Court was pleased to stay the Government Order to the extent to which it directs reinstatement of the Headmistress W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 17 on condition that the Manager shall issue a memo of charges within one month and with a further direction to the Manager as well as the District Educational Officer, Palakkad to complete the enquiry within a period of two months. Ext.P9 produced in W.P.(C). No.6741/2018 is the interim order passed by this Court in W.P.(C). No.28952/2017. Based on the above interim order, the Manager issued Ext.P10 charge memo. Ext.P11 produced in W.P.(C). No.6741/2018 is the reply to Ext.P10 charge memo produced in that writ petition.
8. Meanwhile, the Headmistress filed a petition to vacate the interim order dated 31.08.2017 in W.P.(C). No.28952/2017. Thereafter, the District Educational Officer initially submitted an enquiry report on 09.01.2018. Later, on the basis of the directions contained in the order dated 23.01.2018 in W.P.(C). No.28952/2017, the District Educational Officer again submitted another report after W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 18 conducting an enquiry on the charges levelled against the petitioner. Ext.P14 produced in W.P.(C). No.6741/2018 is the enquiry report submitted by the District Educational Officer, Palakkad. It is the case of the Headmistress that the main charges levelled against her are found to be incorrect in the enquiry report, but there are findings arrived at against the Headmistress with respect to the financial transaction that allegedly took place during 2010-2011, 2011-2012 onwards.
9. According to the Headmistress, Ext.P14 enquiry report is without application of mind and without considering the contentions of the Headmistress. It is also contended that there were no charges in the memo of charges with respect to the financial transactions in 2010-2011. Based on Ext.P14 enquiry report produced in W.P.(C). No.6741/2018, a show cause notice was issued, as evident by Ext.P15 produced in that case. The Headmistress submitted Ext.P16 explanation to W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 19 the show cause notice. Thereafter, W.P.(C). No.6741/2018 is filed with the following prayers:
"i) To Issue a writ of certiorari quashing Ext.P14 to the extent to which it is detrimental to the petitioner and P15 as unjust, illegal and arbitrary;
ii) To declare that Ext.P14 report to the extent to which it is detrimental to the petitioner is issued in violation of Rule 75 of Chapter XIVA KER and that no action can be taken against the petitioner based on the said report;
iii) To declare that Ext.P15 show cause notice which is issued based on Ext.P14 enquiry report cannot be acted upon against the petitioner;
iv) To declare that the petitioner is entitled to continue in the post of Headmistress at the 5 th respondent's school and is not liable to be imposed with the punishment of dismissal from service;
v) To issue a writ of mandamus directing the 1 st respondent to pass orders cancelling Ext.P14 enquiry report to the extent to which it is detrimental to the petitioner and to fully exonerate petitioner her from the charges levelled in Ext.P10 charge memo;
vi) To issue a writ of mandamus directing the respondents to refrain from implementing Exts.P14 and P15 W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 20 against the petitioner;
vii) To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case." [SIC]
10. W.P.(C). No.6741/2018 is filed mainly challenging the inquiry report submitted by the District Educational Officer, Palakkad, which is produced as Ext.P14 in that writ petition.
11. W.P.(C). No.4190/2018 is filed by the Headmistress to initiate enquiry proceedings against the Manager based on G.O.(Rt.) No.2804/2017/G.Edn. dated 16.08.2017. The prayers in W.P.(C). No.4190/2018 is extracted hereunder:
"i) To declare that the Manager 5th respondent is unfit to hold the post of Manager for the act of sexual harassment committed by him against the petitioner;
ii) To issue a writ of mandamus directing the 2 nd respondent to initiate enquiry against the Manager 5 th respondent on the allegations of sexual harassment made by the petitioner as directed in Ext.P1 GO, in accordance with Sexual W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 21 Harassment of Women at workplace (Prevision, Prohibition and Redressal) Act 2013 read with KER Act and Rules thereunder;
iii) To issue a writ of mandamus directing the respondents to pass orders finalising the enquiry against the Manager as directed in Ext.P1 GO within a time frame to be fixed by this Hon'ble Court;
iv) To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit on the facts and circumstances of the case.[SIC]"
12. On the other hand, the case of the Manager is that the District Finance Inspection Squad, on the basis of the enquiry conducted in the School, submitted a report with file No.253/FIW-F2/2018/Fin dated 30.08.2018, in which serious financial misappropriation and embezzlement from the part of the 6th respondent is found in the mid-day meal scheme in the School. Ext.P14 produced in W.P.(C). No.11964/2020 is the report dated 30.08.2018 of the District Finance Inspection Squad. It is stated that a criminal case was registered against W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 22 the Headmistress as Crime No.23/2019, alleging offences punishable under Sections 420, 465, 468, 406, 409 and 471 of The Indian Penal Code, 1860. This Court granted anticipatory bail to the Headmistress in the above criminal case as evident by Ext.P15 bail order produced in W.P.(C). No.11964/2020. Based on the above report of the District Finance Inspection Squad, the Headmistress was again placed under suspension as per Ext.P16 produced in W.P.(C). No.11964/2020 on 08.03.2019. Ext.P16 and Ext.P17 produced in that writ petition, was also served to the Headmistress, which are the charge sheet with the statement of allegations. It is the case of the Manager that the Assistant Educational Officer, Kollangode, as per Ext.P18 order produced in W.P.(C). No.11964/2020 permitted the Manager to extend the suspension order beyond the period of 15 days as per the mandate in Rule 67(8) of Chapter XIV(A) of the W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 23 Kerala Education Rules,1959 (hereinafter referred to as, "KER").
13. The Headmistress filed a revision and a stay petition before the Government against the order of the Assistant Educational Officer permitting the extension of the suspension order. This Court, as per Ext.P19 judgment produced in W.P.(C)No.11964/2020, directed to consider that revision and to pass appropriate orders in it. Thereafter the Government considered the revision filed by the Headmistress and passed an order as G.O.(Rt.)No.4326/2019/G.Edn. dated 21.10.2019 with observations/directions interalia that the allegations of fabrication of bills and misappropriation of funds are clearly proved on the basis of the enquiry conducted by different State authorities. But the Government directed to reinstate the Headmistress pending disciplinary proceedings. Ext.P20 produced in W.P.(C)No.11964/2020 is the W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 24 Government Order disposing the revision. The above Government Order was challenged by the Manager and the 6 th respondent by filing W.P.(C)Nos.29663/2019 and 29305/2019. This Court as per Ext.P21 order produced in W.P.(C)No.11964/2020 stayed the above Government Order confining the reinstatement of the Headmistress. Challenging the above interim order, the Headmistress filed Writ Appeal. As per Ext.P22 judgment produced in W.P.(C)No.11964/2020, the above Writ Appeal was disposed of, setting aside Ext.P21 interim order mentioned above and directing the Manager to reinstate the Headmistress in service forthwith. The Division Bench also directed the educational authorities to conduct an investigation and complete disciplinary proceedings initiated against the Headmistress within three months from the date of receipt of a copy of that judgment. Against Ext.P22 judgment of the Division Bench produced in W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 25 W.P(C) No.11964/2020, the Manager filed SLP (C)No.1073/2020 and 1074/2020 before the Apex Court. The Apex Court dismissed the above SLPs as per Ext.P23 common order produced in W.P.(C)No.11964/2020. Subsequently, the Headmistress was reinstated into service by the Manager, as evident by Ext.P24 produced in W.P.(C)No.11964/2020. In the meanwhile, the Manager issued an additional charge memo as evident by Ext.P26 produced in W.P. (C)No.11964/2020, to the Headmistress, which was in addition to Ext.P17 memo of charges and statement of allegation produced in that writ petition itself. Thereafter the Manager requested the Assistant Educational Officer, Kollengode, to conduct an enquiry as per Ext.P27 application. The Assistant Educational Officer, Kollengode, issued a hearing notice subsequently, and then the Manager submitted a request to postpone the hearing and requested to conduct a W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 26 detailed enquiry as per Rule 75 of Chapter XIV(A) of KER. Ext.P29 produced in W.P.(C)No.11964/2020 is the application submitted by the Manager. Thereafter the Manager issued another hearing notice as evident by Ext.P30 produced in W.P.(C)No.11964/2020. Thereafter the Manager approached the Deputy Director of Education with a request to issue a direction to the Assistant Educational Officer to conduct an enquiry as per Rule 75 of Chapter XIV(A) of KER. Such an application was submitted before the District Educational Officer, Palakkad also by the Manager. Thereafter the Assistant Educational Officer, Kollengode, issued Ext.P34 produced in W.P.(C)No.11964/2020, ordering interalia to bar one increment of the Headmistress. It is also ordered to refund the excess amount withdrawn by the Headmistress with interest. The grievance of the Manager is that Ext.P34 produced in W.P.(C)No.11964/2020 is without complying the W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 27 mandate of enquiry as contemplated in Rule 75 of Chapter XIV(A) of KER and hence the Manager filed Ext.P35 revision memorandum challenging the same. When there was a delay in considering the same, W.P.(C)No.11964/2020 is filed with the following prayers:
"i) Quash Exhibit P34 by issuing a writ of certiorari or any other appropriate writ, order or direction.
ii) Issue a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the respondents 3 to 5 to strictly follow the mandate encompassed composed in Chapter XIVA, Rule 75, of KER, while conducting the enquiry against the 6 th respondent as per Exhibit P22 judgment.
iii) Issue a writ of mandamus or any other writ, order or direction in the nature of mandamus directing the 3 rd respondent to conduct an enquiry against the 6 th respondent regarding the allegations leveled against her.
iv) This Hon'ble Court may be further be pleased to pass any other just and equitable order under the given facts and circumstances of the case as deemed fit in favour of the petitioner. [SIC]"
W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 28
14. Challenging the order bearing No.F/477/2019 dated 18.03.2020 passed by the Assistant Educational Officer, Kollengode, the Headmistress filed W.P.(C)No.2983/2022 with the following prayers:
"i) To issue a writ of certiorari quashing Ext. P12 to the extent to which it contains findings adverse to the petitioner and imposes the punishment of increment bar for 1 year and fixes a liability of Rs 4,45,941.85 and Rs. 10184.50 with 18% interest on the petitioner as unjust, arbitrary, and unsustainable;
ii) To issue a writ of certiorari quashing Exts. P13 and P14 as unjust, illegal, arbitrary, and unsustainable;
iii) To declare that the petitioner is not liable to pay any amount as proposed in Exts. P12, P13 and P14, and that she is not liable to be imposed with the punishment of increment bar for 1 year based on Ext. P12;
iv) To issue a writ of mandamus directing respondents to refrain from proceeding against the petitioner based on Exts.P12, P13 and P14;
v) To issue a writ of mandamus directing the respondent Nos. 1 and 2 to pass orders cancelling Ext. P12 to the W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 29 extent it fixes the liability of Rs. 9,65,487/- against the petitioner and imposes the punishment of increment bar for 1 year, and cancelling Exts. P13 and P14;
vi) To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case.[SIC]"
15. In the meanwhile, the Government, as per Ext.P20 produced in W.P.(C)No.29033/2020 ordered to conduct an enquiry against the Headmistress under Rule 75 of Chapter XIV(A) of KER. Consequently, the additional Director of General Education and Vigilance Officer appointed one Mr. Aboobakker, Joint Director (Academic), as the enquiry officer as per Ext.P21 produced in W.P.(C)No.29033/2020. Challenging the Government Order and the consequential order appointing the enquiry officer, W.P.(C)No.29033/2020 is filed by the Headmistress with the following prayers:
"i) To issue a writ of certiorari quashing Exts. P20 and P21 as unjust, illegal, arbitrary and unsustainable;
W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 30
ii) To declare that the petitioner is not liable to be subjected to disciplinary proceedings under Rule XIVA KER based on Exts. P20 and P21;
iii) To issue a writ of certiorari quashing Ext. P17 G.O. to the extent to which it directs the 2 nd respondent to initiate recovery proceedings against the petitioner after identifying the alleged loss amount at the rate of 18% interest in relation to the noon meal program for the period from 2010-2011 to 2017 February, and the findings in Ext. P17 which are detrimental to the petitioner as unjust, arbitrary and unsustainable;
iv) To issue a writ of mandamus directing the 1 st respondent to pass orders cancelling Exts. P20 and Ext. P21;
v) To issue a writ of mandamus directing the respondents 1, 2 and 6 to refrain from initiating disciplinary proceedings against the petitioner based on Exts. P20 and P21;
vi) To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case.[SIC]"
16. W.P.(C)No.7976/2023 is filed by one Smt. B. Geetha who is another teacher in the same School. According W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 31 to Smt. B. Geetha, she will retire from service on 31.03.2023. She availed leave in connection with the delivery of her daughter. When there was some complication in connection with the delivery, Smt. Geetha again applied for another set of half-pay leave from 16.01.2023 till 31.03.2023, which is the date on which she retires. But the Manager suspended her as per Ext.P7 order. Smt. Geetha submitted Ext.P8 representation before the Assistant Educational Officer against the same. But the Manager issued Ext.P9 charge memo against Smt. Geetha. Subsequently, the Assistant Educational Officer directed the Manager to reinstate the petitioner in service from the date of suspension as per Ext.P10 produced in W.P.(C)No.7976/2023. Despite the above order, Smt. B. Geetha was not reinstated is her grievance. Hence W.P.(C)No.7976/2023 is filed with the following prayers:
W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 32 "i) To issue a writ of certiorari quashing Ext. P7 and P9 as unjust, illegal, and unsustainable;
ii) To declare that the Ext. P10 has to be implemented forthwith;
iii) To declare that the allegations levelled against the petitioner in Ext. P7 and P9 are false and without good faith and that the suspension period from 18.01.2023 is entitled to be treated as duty for all service benefits;
iv) To issue a writ of mandamus directing the respondents to issue orders stating that the suspension from 18.01.2023 is illegal and the said period is entitled to be treated as the duty with all service benefits;
v) To issue a writ of mandamus directing respondents to refrain from all disciplinary proceedings against the petitioner based on Exts. P7 and P9;
(vi) To issue such other orders, directions or writs as may be prayed for and that this Hon'ble Court may deem fit under the facts and circumstances of the case.
(vii) To dispense with filing of the translation of vernacular documents.[SIC]"
17. When these writ petitions came up for consideration, the counsel appearing for the Headmistress W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 33 Adv. Kaleeswaram Raj submitted that, because of his physical ailment, he may be allowed to submit argument notes in all these cases. Considering the submission of Adv. Kaleeswaram Raj, the other counsel appearing for the other parties, agreed that they will also file argument notes, and this Court may pass appropriate orders after going through the argument notes. Accordingly, the Manager and Headmistress filed detailed argument notes. The Government Pleader also submitted an argument note. The argument notes submitted by the parties will be part of the records.
18. This Court considered the contentions of the petitioners and the Government Pleader in these cases. All these writ petitions relate to the disciplinary proceedings initiated against the Headmistress of the School. Actually, there are two disciplinary proceedings initiated against the Headmaster. The first one was initiated by the Manager by the W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 34 issuance of a suspension order dated 06.03.2017, and the second one relates to the disciplinary proceedings initiated by the Manager suspending the Headmistress on 08.03.2019. W.P.(C)No.6741/2018 relates to the first disciplinary proceedings. Therefore, I will deal with W.P.(C)No.6741/2018 first.
19. W.P.(C)No.6741/2018 is filed challenging Exts.P14 and P15 produced in that writ petition. Ext.P14 is the enquiry report of the District Educational Officer, Palakkad and Ext.P15 is the show cause notice issued by the Manager against the Headmistress based on Ext.P14. A preliminary objection was raised by the counsel appearing for the Manager, stating that no writ petition is maintainable against an enquiry report. The counsel appearing for the Manager relied on the judgment of this Court in Rani P. John. v. State of Kerala and Others [2015 (4) KHC 824]. Therefore, W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 35 the maintainability issue is to be decided first.
20. Rule 75 of Chapter XIV(A) of KER deals with the procedure for imposing major penalties. Whenever a complaint is received or on intimation from the authorised officer as per Sec.12(A) of the Kerala Education Act, 1958, is recorded or on consideration of the report of investigation or for other reasons, the Manager of the school is satisfied that there is prima facie case for taking action against a teacher, the definite charge or charges is to be framed framed and communicated to the teacher concerned with the statement of allegations on which charge is based and on any other circumstances which it is proposed to take into consideration in passing orders on the case. The teacher shall be required to submit his reply within a reasonable time. After a written statement from the teacher is received within a time allowed, the Manager may if he is satisfied that a formal enquiry is to W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 36 be held into the conduct of the teacher, the Manager can order a formal enquiry. Then the Manager shall forward the records of the cases with a request to the educational authorities to conduct a formal enquiry. The authority to conduct the formal enquiry is narrated in detail in Rule 75(1)
(b) of Chapter XIV A KER. The inquiring officer may, during the course of inquiry, add to, amend, alter or modify the charges framed against the teacher, in which case the teacher shall be required to submit within a reasonable time to be specified in that behalf any further written statement of his defence. On receipt of the further written statement of the defence, the inquiring officer may inquire into such of the charges as are not admitted. The teacher can present his case before the inquiring officer. The inquiring authority shall, in the course of the inquiry, consider such documentary evidence and take such oral evidence as may be relevant or W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 37 material in regard to the charges. The teacher shall be allowed to cross-examine the witnesses examined in support of the charges and to give evidence in person and to have such witnesses as may be produced, examined in his defence. The person presenting the case in support of the charges is entitled to cross-examine the teacher and the witnesses examined in his defence. At the conclusion of the inquiry, the inquiring authority shall prepare a report of the inquiry, recording its finding on each of the charges together with the reason thereof. If, in the opinion of such authority, the proceedings of inquiry establish charges different from those originally framed, it may record its findings on such charges provided that the finding of such charges shall not be recorded unless the teacher has admitted the facts constituting them or has an opportunity of defending himself against them. After inquiry, the inquiring authority shall W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 38 forward the records of inquiry to the Manager, which include item No. (i) to (vi), as mentioned in Rule 75 (9) of Chapter XIV(A) of KER. If the Manager is of the opinion that any of the penalties mentioned in item No.(iv) to (viii) of rule 65 should be imposed, the Manager shall furnish to the teacher a copy of the report of the Inquiring Authority, give him a notice stating the action proposed to be taken in regard to him and calling up on him to submit his reply. On receipt of the representation, if any and after taking into consideration the representation, the final order shall be passed by the Manager imposing the penalty with the previous sanction of the competent authority. From the above, it is clear that the Manager is the ultimate authority to impose penalty and the penalty can be imposed only with the previous sanction of the competent authority. Therefore, the inquiry report may not have any validity, unless such a report is acted upon by the W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 39 Manager with the previous sanction of the competent authority.
21. In this case, the impugned orders are the inquiry report and the consequential show cause notice issued by the Manager. The Manager can accept the explanation submitted by the Headmistress and close the disciplinary proceedings if necessary. If the Manager is of the opinion that the explanation submitted is not satisfactory, he can initiate further proceedings. If further proceedings are to be initiated for imposing a major penalty, the Manager has to file an application under Rule 74 of Chapter XIV(A) of KER. The prior permission from the competent authority mentioned in Rule 74 of Chapter XIV(A) of KER is necessary for imposing a major penalty. If the competent authority mentioned in Rule 74 of Chapter XIV(A) of KER grants permission to impose a major penalty, there is no bar for the teacher concerned to W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 40 challenge that order, if there is any patent illegality in it. Of course, the maintainability of the same is to be decided by the authority concerned or the Court concerned. If the Manager imposes a penalty based on the permission obtained under Rule 74 of Chapter XIV(A) of KER, the petitioner has got statutory remedies in the Kerala Education Rules. Kerala Education Act, 1958 and Kerala Education Rules !959 are complete codes in which a hierarchy of authorities are mentioned to challenge the orders. If a person is aggrieved by the orders passed by the statutory authorities mentioned in KER, he may challenge the same before this Court by invoking the powers under Article 226 of the Constitution of India.
22. In W.P.(C.) No. 6741/2018, the order impugned is only an inquiry report. The counsel appearing for the Headmistress filed a detailed argument note stating that the W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 41 sequence of events, in this case, would show that the intention of the Manager is to remove the Headmistress from the school and to appoint his wife as the Headmistress. Several legal and factual contentions are raised in the argument note. This Court carefully perused the argument notes submitted by the Headmistress and also the dates and events mentioned in the argument notes.
23. The validity of an inquiry report of the inquiry officer prepared and submitted as per Rule 75(10) of Chapter XIV(A) of KER need not be entertained by this Court because the same is to be acted upon by the Manager after giving a show cause notice to the person against whom the inquiry report is submitted. Thereafter, if a major penalty is to be imposed by the Manager, the Manager has to obtain prior permission from the competent authority as per Rule 74 of Chapter XIV(A) of KER. Therefore, the challenge against the W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 42 inquiry report need not be entertained usually by this Court under Article 226 of the Constitution of India. This Court need not anticipate that the Manager will act upon the same and impose a major penalty. Moreover, there are no malafides alleged against the inquiry officer in this case. The main crux of the argument against the inquiry report is the malafide intention of the Manager. The inquiry report is prepared by the educational authorities. Whether the same is to be acted upon by the Manager is the next stage. If the Manager acts upon that, the consequential penalty can be imposed only after getting permission from the competent authority under Rule 74 of Chapter XIV(A) of KER. Therefore, the challenge against an inquiry report submitted by the inquiry officer as per Rule 75 (10) of Chapter XIV(A) of KER need not be entertained by this Court by invoking the powers under Article 226 of the Constitution of India unless there are flagrant W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 43 illegalities.
24. It is also to be noted that, in this case, the first complaint was filed by one Mr. Arumughan against the Headmistress on 21.06.2016, alleging misappropriation of funds in connection with the noon meals scheme supplied by the Headmistress. Ext.R5(b) produced in W.P.(C.) No. 4190/2018 is the first complaint, and the same was forwarded to the Deputy Director of Education as per Ext.R5(c) on 04.07.2016. As per Ext.R5(d) in that case, dated 19.09.2016, the Deputy Director of Education found that there is an excess stock of 217 kgs of rice in the school. Thereafter, Ext.P2 complaint produced in W.P.(C.) No. 4190/2018 was filed by the Headmistress to the Government on 18.03.2017, alleging sexual harassment against the Manager. Therefore, the first complaint, as per the dates and events supplied by the parties, would show that it was from a third party, namely, W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 44 Mr. Arumughan, as evident by Ext.R5(b), and that was also on 21.06.2016. Based on that complaint, it was found that there was an excess stock of 217 kgs of rice in the school. I do not want to make any further observations about the dates and events. The case is only at a preliminary stage. Only an inquiry report is submitted by the inquiry officer before the Manager, and the Manager issued a show cause notice. If I discuss the contentions raised by the Headmistress and the Manager in the argument notes in detail, it will prejudice their case. Therefore, I do not want to discuss the matter in detail even though several contentions have been raised by the Headmistress and the Manager in their argument notes. I am of the considered opinion that W.P.(C.) No. 6741/2018 need not be entertained by this Court. Moreover, this Court, in Rani P John's case (supra), held that against an inquiry report, no revision is maintainable under Rule 92 of Chapter XIV(A) of W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 45 KER. Several contentions are raised by the counsel for the Headmistress in his argument note to distinguish the dictum laid down in Rani P John's case (supra). I leave open all those contentions to be agitated at the appropriate stage, if necessary.
25. Therefore, I am of the considered opinion that WP(C) No.6741 of 2018 need not be entertained, and the same can be dismissed, granting liberty to the Headmistress to raise all her contentions before the appropriate authority at the appropriate stage, if necesary.
26. WP(C) No.4190 of 2018 is filed to initiate action against the Manager based on Ext.P1 Government Order produced in that writ petition. Ext.R5(j) produced by the Manager in that writ petition is an enquiry report dated 22.02.2018 of the Director of General Educational. Ext.R5(j) is the consequential enquiry based on the directions in Ext.P1 W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 46 Government Order. If the Headmistress is aggrieved by the same, the Headmistress is at liberty to challenge the same in accordance with law. Ext.R5(l) produced in that case is also a report of the Deputy Director of Education, Palakkad closing the complaint filed by the Headmistress against the Manager. If the Headmistress is aggrieved by those orders, the Headmistress is free to challenge the same. Therefore, by granting liberty to the Headmistress to challenge Exts.R5(j), R5(l) and other orders, WP(C) No.4190 of 2018 can be closed.
27. WP(C) No.11964 of 2020 is filed by the Manager challenging Ext.P34 order dated 18.03.2020 of the Assistant Educational Officer. The same order is challenged by the Headmistress also in WP(C) No.2983 of 2022. Exts.P13 and P14 produced in WP(C) No.2983 of 2022 are consequential orders based on Ext.P12 order in that case. Ext.P12 in WP(C) W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 47 No.2983 of 2022 and Ext.P34 in WP(C) No.11964 of 2020 are one and the same. The Headmistress and the Manager filed revisions against those orders. There can be a direction to consider those revisions by the Government within a time frame.
28. WP(C) No.29033 of 2020 is filed by the Headmistress against Exts.P20 and P21, by which the Government ordered an enquiry under Rule 75 of Chapter XIV(A) of KER against the Headmistress. Since this Court is already directing the Government to consider the revisions filed by the headmistress and the manager in WP(C) No.4190 of 2018 and WP(C) No.6741 of 2018, the Headmistress can file a fresh representation against Exts.P20 and P21 before the Government, and the Government can be directed to consider that also along with the revision filed by the Manager W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 48 and the Headmistress against the orders of the Assistant Educational Officer.
29. WP(C) No.7976 of 2023 is filed by a teacher of the school to implement Ext.P10 order of reinstatement with effect from 18.01.2023. The teacher already retired from service on 31.03.2023. If Ext.P10 is in force as on today, and if it is not varied or modified by any competent authority, the same is to be implemented by the Manager by passing consequential order. This Court, as per Ext.R5(g) produced in that writ petition, directed the Government to consider the stay petition and revision filed by the Manager against the reinstatement order. Subject to the decision if any, in the revision, the Manager will implement the reinstatement order.
Therefore, these writ petitions are disposed of in the following manner:
W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 49
1. WP(C) No.4190 of 2018 is dismissed, granting liberty to the petitioner to challenge Exts.R5(j) and R5(l) if the petitioner is aggrieved by the same.
2. WP(C) No.6741 of 2018 is dismissed, leaving open all the contentions of the petitioner raised in the writ petition.
3. WP(C) No.11964 of 2020 is disposed of directing the 1st respondent to consider Ext.P35 revision petition and to pass appropriate orders in it, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a stamped certified copy of this judgment, with notice to the petitioner and the 6th respondent.
4. WP(C) No.2983 of 2022 is disposed of directing the 1st respondent to consider and pass appropriate W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 50 orders in Ext.P15 revision petition, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a stamped certified copy of this judgment, with notice to the petitioner, 5th respondent and other affected parties, if any.
5. WP(C) No.29033 of 2020 is disposed of, allowing the petitioner to file a fresh representation against Exts.P20 and P21, within a period of one month from the date of receipt of a stamped certified copy of this judgment before the 1st respondent and if such a representation is received, the 1 st respondent will consider the same and pass appropriate orders in it with notice to the petitioner and the 5 th respondent along with the revisions, which were already directed to be considered by this Court in WP(C) Nos.11964 of W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 51 2020 and 2983 of 2022.
6. WP(C) No.7976 of 2023 is disposed of directing the 5th respondent to implement Ext.P10 order, if there is no prohibitory order from the 1 st respondent, in the revision which is directed to be disposed of by this Court as per Ext.R5(g) judgment.
Sd/-
P.V.KUNHIKRISHNAN JUDGE SMA DM SKS das W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 52 APPENDIX OF WP(C) 29033/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE SUSPENSION ORDER DATED 06/03/2017.
EXHIBIT P2 TRUE COPY OF THE ORDER DATED 20/03/2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE ORDER DATED 28/03/2017 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P4 TRUE COPY OF THE
GO(RT)NO.2804/2017/G.EDN. DATED
16/08/2017.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT DATED
02/02/2018 IN WA NO.303/2018.
EXHIBIT P6 TRUE COPY OF THE INTERIM ORDER DATED
27/02/2018.
EXHIBIT P7 TRUE COPY OF THE ORDER DATED
27/02/2019 IN BA NO.1184/2019.
EXHIBIT P8 TRUE COPY OF THE FIR NO.55/2019 OF
KOLLENGODE POLICE STATION.
EXHIBIT P9 TRUE COPY OF THE SUSPENSION ORDER
DATED 08/03/2019.
EXHIBIT P10 TRUE COPY OF THE CHARGE MEMO AND
STATEMENT OF ALLEGATIONS DATED
08/03/2019.
EXHIBIT P11 TRUE COPY OF THE REPLY DATED
12/03/2019 SUBMITTED BY THE
PETITIONER ON 25/03/2019 BEFORE THE 5TH RESPONDENT.
W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 53 EXHIBIT P12 TRUE COPY OF THE ORDER NO. F/477/2019 DATED 20/03/2019.
EXHIBIT P13 TRUE COPY OF THE REVISION PETITION DATED 05/04/2019 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT.
EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 09/04/2019 IN WPC NO.11293/2019.
EXHIBIT P15 TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 16/09/2019.
EXHIBIT P16 TRUE COPY OF THE DETAILED EXPLANATION DATED 01/10/2019 SUBMITTED BY THE PETITIONER.
EXHIBIT P17 TRUE COPY OF THE GO(RT) NO.4326/2019 G.EDN. DATED 21/10/2019.
EXHIBIT P18 TRUE COPY OF THE JUDGMENT DATED 17/12/2019 IN WA NO.2413/2019 AND ITS CONNECTED CASE.
EXHIBIT P19 TRUE COPY OF THE ORDER NO. F/477/2019 DATED 18/03/2020 ISSUED BY THE 4TH RESPONDENT.
EXHIBIT P20 TRUE COPY OF THE LETTER DATED 28/05/2020 ISSUED BY THE 1ST RESPONDENT.
EXHIBIT P21 TRUE COPY OF THE ORDER NO.
VB5/26069/2017/DGE DATED 22/10/2020. Exhibit P22 True copy of the complaint was given to the District Collector.
Exhibit P23 True copy of the photograph from the Facebook page written by the AEO.
EXT P24 True copy of the relevant part of the newspaper RESPONDENT'S EXHIBITS :
W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 54 Exhibit R5(a): A true copy of the letter dated 07.06.2016 of the fifth respondent to the petitioner Exhibit R5(b): A true copy of the letter dated 07.06.2016 of the fifth respondent to the AEO Exhibit R5(c): A true copy of the reply dated 17.06.2016 submitted by the petitioner Exhibit R5(d): A true copy of the report dated 26.10.2016 of the AEO Exhibit R5(e): A true copy of the report dated 17.05.2017 of the Sub Inspector of Police, Palakkad Exhibit R5(F): A typewritten copy of the report dated 19.03.2018 Exhibit R5(g): A true copy of the petition ST 1040/17 dated 23.08.2017 filed by me before the Chief Judicial Magistrate Court, Palakkad Exhibit R5(h): A true copy of the order dated 17.10.2017 of the AEO Exhibit R5(I): A true copy of the Memo of charges dated 06.03.2017 Exhibit R5(J): A true copy of the judgment dated 24.03.2017 passed by this Honourable Court in WPC 9755/2017 Exhibit R5(k): A true copy of the interim order of stay dated 31.08.2017 of this Honourable Court in W.P.(C) No. 28952/2017 Exhibit R5(1): A true copy of the interim order dated 23.01.2018 of this Honourable Court in LA. No. 18922/2017 in W.P.(C) No. 28952/2017 Exhibit R5(m): A true copy of the report submitted by the DEO W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 55 along with covering letter dated 09.02.2018 Exhibit R5(n): A true copy of the show cause notice dated 12.02.2018 Exhibit R5(o): A true copy of the report dated 26.05.2018 of the Joint Secretary of the Education Department Exhibit R5(p): A true copy of the letter dated 26.07.2018 of the Government Exhibit R5(q): A true copy of the report dated 26.08.2017 of the Inspector of Police, VACB, Palakkad Exhibit R5(r): A true copy of the letter dated 19.09.2017 of the DySP, VACB, Palakkad Exhibit R5(s): A true copy of the letter dated 04.12.2017 of the Superintendent VACB to the Director Exhibit R5(t): A true copy of the letter dated 28.07.2019 enclosing therewith a report of Finance Inspection Wing of Government Exhibit R5(u): A true copy of the FIR No. 0023/2019 dated 09.01.2019 Exhibit R5(v): A true copy of interim order of stay dated 06.11.2019 granted by this Hon'ble Court in WPC 29663/2019 Exhibit R5(w): A true copy of the order dated 23.01.2020 of the fifth respondent Exhibit R5(x): A true copy of the letter dated 10.02.2020 submitted by the petitioner to the AEO,Kollengode Exhibit R5(y): A true copy of the letter dated 28.02.2020 of the AEO W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 56 Exhibit R5(z): A true copy of the letter dated 03.03.2020 of the DDE, Palakkad Exhibit R5(aa): A true copy of the DO letter dated 20.5.2020 of the AEO to the DDE Exhibit R5(ab): A true copy of the letter dated 23.08.2018 of DPI Exhibit R5(ac): A true copy of the report dated 24.10.2018 of the DDE W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 57 APPENDIX OF WP(C) 2983/2022 PETITIONER EXHIBITS Exhibit P1 COPY OF THE SUSPENSION ORDER DATED 06.03.2017 Exhibit P2 COPY OF THE ORDER DATED 20.03.2017 ISSUED BY THE 4TH RESPONDENT Exhibit P3 COPY OF THE ORDER DATED 28.03.2017 ISSUED BY THE 4TH RESPONDENT Exhibit P4 COPY OF THE JUDGMENT DATED 02.02.2018 IN WA NO.303/2018 Exhibit P5 COPY OF THE INTERIM ORDER DATED 27.02.2018 Exhibit P6 COPY OF THE SUSPENSION ORDER DATED 08.03.2019 Exhibit P7 COPY OF THE CHARGE MEMO AND STATEMENT OF ALLEGATIONS DATED 08.03.2019 Exhibit P8 COPY OF THE REPLY DATED 12.03.2019 SUBMITTED BY THE PETITIONER ON 25.03.2019 BEFORE THE 5TH RESPONDENT Exhibit P9 COPY OF THE REVISION PETITION DATED 05.04.2019 SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT Exhibit P10 COPY OF THE G.O(RT) NO.4326/2019 G.EDN DATED 21.10.2019 Exhibit P11 COPY OF THE JUDGMENT DATED 17.12.2019 IN WA NO.2413/2019 AND CONNECTED CASE Exhibit P12 COPY OF THE ORDER NO.F/477/2019 DATED 18.03.2020 ISSUED BY THE 4TH RESPONDENT Exhibit P13 COPY OF THE LETTER /NOTICE DATED 12.1.2022 ISSUED BY THE ASSISTANT EDUCATION OFFICER WITH TYPED COPY Exhibit P14 COPY OF THE NOTICE ISSUED BY THE MANAGER DATED 13.1.2022 Exhibit P15 TRUE COPY OF THE REVISION PETITION DATED 2.2.2022 SUBMITTED BY THE PETITIONER W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 58 APPENDIX OF WP(C) 7976/2023 PETITIONER EXHIBITS Exhibit P1 TRUE COPY OF THE DISCHARGE SUMMARY OF THE BABY I OF ASHLY Exhibit P2 TRUE COPY OF THE DISCHARGE SUMMARY OF BABY II OF ASHLY Exhibit P3 TRUE COPY OF THE LEAVE APPLICATION FORM SUBMITTED BY THE PETITIONER DATED 18.10.2022.
Exhibit P4 TRUE COPY OF THE BILL SUMMARY SHOWING THE DATE OF ADMISSION AND DATE OF DISCHARGE IN THE HOSPITAL DATED 02.12.2022.
Exhibit P5 TRUE COPY OF THE PRESCRIPTION FROM SRI RAMAKRISHNA HOSPITAL.
Exhibit P6 TRUE COPY OF THE PRESCRIPTION AND CASH BILL PAID BY THE PETITIONER AT THANGAM, HOSPITAL OF PMRC, PALAKKAD DATED 14.01.2023.
Exhibit P7 TRUE COPY OF THE ORDER NO. DA02/2023 DATED 18.01.2023.
Exhibit P8 TRUE COPY OF THE REPRESENTATION DATED 21.01.2023 SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.
Exhibit P9 TRUE COPY OF THE CHARGE MEMO NO.
DA/02/2023 DATED 24.01.2023 ISSUED BY THE 5TH RESPONDENT.
Exhibit P10 TRUE COPY OF ORDER NO. F/162/2023 DATED 30.01.2023 ISSUED BY THE 4TH RESPONDENT. Exhibit P11 TRUE COPY OF THE REPRESENTATION DATED 13.02.2023 SUBMITTED BY THE PETITIONER TO THE 5 TH RESPONDENT.
W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 59 Exhibit P12 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 2 ND RESPONDENT DATED 14.02.2023.
Exhibit P13 TRUE COPY OF THE SUSPENSION ORDER OF THE 6TH RESPONDENT ISSUED BY THE 5 TH RESPONDENT.
Exhibit P14 TRUE COPY OF THE FIR LODGED AGAINST THE 5TH RESPONDENT DATED 16.02.2019 RESPONDENT EXHIBITS EXHIBIT R5a True copy of the communication dated 20.10.2022 issued by this respondent to the then Headmistress T.S. Saji EXHIBIT R5 b True copy of thecommunication dated 14.12.2022 issued by this respondent to the petitioner EXHIBIT R5 c True copy of the reply dated 17.12.2022 issued by the petitioner to this respondent EXHIBIT R5 e True copy of the communication dated 21.12.2022 issued by this respondent to the 4th respondent AEO EXHIBIT R5 g True copy of the judgment dated 14.02.2023 in W.P.(C) No. 4795/2023 of this Hon'ble Court EXHIBIT R5 d True copy of the communication dated 21.12.2022 issued by this respondent to the petitioner EXHIBIT R5 f True copy of the G.O.(P) No. 163/74/Fin.
dated 17.07.1974 EXHIBIT R5 h True copy of the written statement of defence submitted by the petitioner against Ext.P9 on 13.02.2023 W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 60 EXHIBIT R5 i True copy of the charge report dated 18.01.2023 issued to the Manager EXHIBIT R5 j True copy of the report dated 18.01.2023 issued by the teacher in charge Sri. Saji W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 61 APPENDIX OF WP(C) 4190/2018 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF G.O.(RT)NO.2804/2017/G.EDN DATED 16-8-2017.
EXHIBIT P2 TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE GOVERNMENT.
EXHIBIT P3 TRUE COPY OF THE JUDGMENT DATED 6-4- 2017 IN WP(C)NO.12100/2017.
EXHIBIT P4 TRUE COPY OF THE COMPLAINT DATED 27-7- 2016.
EXHIBIT P5 TRUE COPY OF THE COMPLAINT DATED 4-8- 2016.
EXHIBIT P6 TRUE COPY OF THE REPRESENTATION DATED 3-2-2018.
EXHIBIT P7 TRUE COPY OF THE FIR IN CRIME NO.
0055/2019 IN KOLLENGODE POLICE STATION LODGED AGAINST THE 5TH RESPONDENT DATED 16.02.2019.
Exhibit P8 -True copy of the letter submitted by smt.B.Geetha dated 14.03.2018 to DDE . Exhibit P8(a) True copy of the letter submitted by the smt.Rosanara Begum dated 14.03.2018 to DDE.
Exhibit P8(b) True copy of the letter submitted by the smt.Sheeba K dated 14.03.2018.to DDE Exhibit P9 True copy of the FIR in crime Crime number 436/2017 in Kollengode police station W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 62 Exhibit P10 -True copy of the photograph from the Facebook page written by the AEO.
Exhibit P11 True copy of the relevant part of the Newspaper dated 23.02.2019 in Manorama and Janmabhoomi daily RESPONDENT EXHIBITS EXHIBIT-R5(A): A TRUE COPY OF THE ENQUIRY REPORT NO.B4/5578/17 SUBMITTED BY THE DEO ALONG WITH COVRING LETTER DATED 09.02.2018.
EXHIBIT-R5(B): A TRUE COPY OF THE COMPLAINT DATED 21.06.2016.
EXHIBIT-R5(C): A TRUE COPY OF THE LETTER OF THIS RESPONDENT DATED 04.07.2016.
EXHIBIT-R5(D): A TRUE COPY OF THE LETTER NO.H1/13473/2016(2) DATED 19.09.2016 ISSUED BY THE DDE, PALAKKAD.
EXHIBIT-R5(E): A TRUE COPY OF COMPLAINT SUBMITTED TO THE DISTRICT COLLECTOR ON 27.07.2016 ENDORSING A COPY TO DDE AND AEO.
EXHIBIT-R5(F): A TRUE COPY OF THE REPORT NO.F/1307/2016 DATED 26.10.2016 ALONG WITH COVERING LETTER DATED 26.10.2016. EXHIBIT-R5(G): A TRUE COPY OF THE COMPLAINT DATED 30.03.2017.
EXHIBIT-R5(H): A TRUE COPY OF THE REPORT OF INSPECTOR OF POLICE, WOMEN CELL DATED 17.05.2017. EXHIBIT-R5(I): A TRUE COPY OF THE REPORT NO.F/470/2017(1) OF THE AEO ALONG WITH COVERING LETTER DATED 23.06.2017.
EXHIBIT-R5(J): A TRUE COPY OF THE REPORT NO.VB5/26069/2017/D.P.I. DATED 22.02.2018.
W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 63 EXHIBIT-R5(K): A TRUE COPY OF THE REPORT NO.B6/6496/2017 DATED 23.03.2018.
EXHIBIT-R5(L): A TRUE COPY OF THE ORDER NO.B6/6496/2017 DATED 23.03.2018.
W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 64 APPENDIX OF WP(C) 6741/2018 PETITIONER EXHIBITS Exhibit P17 True copy of the FIR lodged against the 5th respondent dated 16.02.2019 Exhibit P18 True copy of the order of suspension dated 18.01.2023.
Exhibit P19 True copy of the order dated 30.01.2023 issued by the AEO EXHIBIT P15 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 12/2/2018 EXHIBIT P1 TRUE COPY OF THE SUSPENSION ORDER DATED 6/3/2017 EXHIBIT P2 TRUE COPY OF THE ORDER DATED 20/3/2017 ISSUED BY THE 4TH RESPONDENT EXHIBIT P3 TRUE COPY OF THE REPLY DATED 15/3/2017 EXHIBIT P4 TRUE COPY OF THE COMMUNICATION DATED 25/3/2017 EXHIBIT P5 TRUE COPY OF THE REPLY DATED 21/3/2017 EXHIBIT P6 TRUE COPY OF THE ORDER DATED 28/3/2017 ISSUED BY THE 4TH RESPONDENT EXHIBIT P7 TRUE COPY OF THE CHARGE MEMO DATED 4/4/2017 EXHIBIT P8 TRUE COPY OF THE GO(RT) NO.2804/2017/G. EDN. DATED 16/8/2017 EXHIBIT P11 TRUE COPY OF THE EXPLANATION DATED 4/10/2017 SUBMITTED BY THE PETITIONER EXHIBIT P12 TRUE COPY OF I.A NO.18922/2017 IN WPC NO.28952/2017 EXHIBIT P13 TRUE COPY OF THE ENQUIRY REPORT DTD.
9/1/2018 W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 65 EXHIBIT P14 TRUE COPY OF THE UNDATED ENQUIRY REPROT TOGETHER WITH COVERING LETTER DATED 9/2/2018 EXHIBIT P16 TRUE COPY OF THE EXPLANATION DATED 24/2/2018 SUBMITTED BY THE PETITIONER EXHIBIT P10 TRUE COPY OF THE CHARGE MEMO DATED 6/9/2017 EXHIBIT P9 TRUE COPY OF THE INTERIM ORDER DATED 31/8/2017 W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 66 APPENDIX OF WP(C) 11964/2020 PETITIONER EXHIBITS EXHIBIT P1 TRUE COPY OF THE ORDER WITH NO.1/SUS/HM/2016 DATED 6.3.2017 EXHIBIT P2 TRUE COPY OF THE ORDER WITH NO.F/470/2017, DATED 20.3.2017 EXHIBIT P3 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.9755/2017 DATED 24.3.2017 EXHIBIT P4 TRUE COPY OF THE ORDER WITH NO. G.O(ORD) NO.2804/2017/GED DATED 16.8.2017 EXHIBIT P5 TRUE COPY OF THE INTERIM DIRECTION OF THIS HON'BLE COURT DATED 31.8.2017 IN W.P(C) NO.28952/2017 EXHIBIT P6 TRUE COPY OF THE ORDER IN IA NO.18922/2017 IN W.P(C) NO.28952/2017 DATED 23.1.2018 EXHIBIT P7 TRUE COPY OF THE ORDER IN IA NO.18922/2017 IN W.P(C)0 NO.28952/2017 DATED 23.1.2018 EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.A.NO.303/2018 DATED 2.2.2018 EXHIBIT P9 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.28952/2017 DATED 14.2.2018 EXHIBIT P10 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.13363/2017 DATED 14.2.2018 EXHIBIT P11 TRUE COPY OF THE SHOW CAUSE NOTICE WITH NO.1/SUS/HM/2016/DIS DATED 12.2.2018 EXHIBIT P12 TRUE COPY OF THE LETTER DATED 24.2.2018 EXHIBIT P13 TRUE COPY OF THE INTERIM ORDER IN W.P(C) NO.674/2018 DATED 27.2.2018 W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 67 EXHIBIT P14 TRUE COPY OF THE REPORT DATED 30.8.2018 WITH FILE NO.253/FIW-F2/2018/DIN EXHIBIT P15 TRUE COPY OF THE ORDER IN B.A.NO.1184/2019 DATED 27.2.2019 EXHIBIT P16 TRUE COPY OF THE ORDER WITH NO.2/SUS/HM/2019 DATED 8.3.2019 EXHIBIT P17 TRUE COPY OF THE CHARGE SHEET WITH NO.2/SUS/HM/2019, DATED 8.3.2019 ALONG WITH STATEMENT OF ALLEGATIONS EXHIBIT P18 TRUE COPY OF THE ORDER WITH NO.F/477/2019, DATED 20.3.2019 EXHIBIT P19 TRUE COPY OF THE JUDGMENT IN W.P(C) NO.11293/2019, DATED 9.4.2019 EXHIBIT P20 TRUE COPY OF THE GOVERNMENT ORDER WITH NO.G.O(ORD) NO.4326/2019/G.EDN DATED 21.10.2019 EXHIBIT P21 TRUE COPY OF THE COMMON INTERIM ORDER IN W.P(C) NO.29305/19 AND 29663/2019 DATED 6.11.2019 EXHIBIT P22 TRUE COPY OF THE COMMON INTERIM ORDER IN W.A.NO.24132 AND 2416 /2019 DATED 17.12.2019 EXHIBIT P23 TRUE COPY OF THE COMMON ORDER DATED 21.1.2020 IN SLP NOS.1073/2020 AND 1074/2020 EXHIBIT P24 TRUE COPY OF THE ORDER WITH NO.1/R/HM/2020, DATED 23.1.2020 EXHIBIT P25 TRUE COPY OF THE ORDER IN CONTEMPT CASE NO.10/2020 IN W.A.NO.2413/2019 DATED 27.1.2020 EXHIBIT P26 TRUE COPY OF THE ADDITIONAL CHARGE MEMO WITH NO.2/SUS/HM/2019(1) DATED 16.9.2019 ALONG WITH THE STATEMENT OF ALLEGATIONS W.P.C.Nos.4190 of 2018, 6741 of 2018, 11964 of 2020, 29033 of 2020, 2983 of 2022 & 7976 of 2023 68 EXHIBIT P27 TRUE COPY OF THE APPLICATION DATED 10.2.2020 SUBMITTED BY THE PETITIONER BEFORE THE 5TH RESPONDENT EXHIBIT P28 TRUE COPY OF THE HEARING NOTICE WITH NO.F/477/2019 DATED 5.3.2020 EXHIBIT P29 TRUE COPY OF THE APPLICATION WITH NO.REF.NO.01/03-20 DATED 10.3.2020 EXHIBIT P30 TRUE COPY OF THE HEARING NOTICE WITH NO.F/477/2019 DATED 10.3.2020 EXHIBIT P31 TRUE COPY OF THE APPLICATION WITH REF NO.05/03-20 DATED 12.3.2020 EXHIBIT P32 TRUE COPY OF THE APPLICATION WITH REF NO.04/03-20, DATED 12.3.2020 SUBMITTED BEFORE THE 4TH RESPONDENT EXHIBIT P33 TRUE COPY OF THE APPLICATION WITH REF NO.03/03-20, DATED 12.3.2020 SUBMITTED BEFORE THE 5TH RESPONDENT EXHIBIT P34 TRUE COPY OF THE ORDER WITH NO.F/477/2019, DATED 18.3.2020 EXHIBIT P35 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER DATED 8.4.2020 AGAINST EXT P34 BEFORE THE 1ST RESPONDENT EXHIBIT P36 true copy of the order with no.gedn-
b3/421/19/g.edn dated 28.05.2020