Kerala High Court
K.Renuka vs The State Of Kerala on 18 September, 2019
Equivalent citations: AIRONLINE 2019 KER 495
Author: P.V.Asha
Bench: P.V.Asha
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE SMT. JUSTICE P.V.ASHA
WEDNESDAY, THE 18TH DAY OF SEPTEMBER 2019 / 27TH BHADRA, 1941
WP(C).No.22137 OF 2019(N)
PETITIONER:
K.RENUKA,
AGED 48 YEARS,
WIFE OF K.P.ASOK KUMAR, HEADMISTRESS, ALP SCHOOL,
VEEROLIPADAM, P.O.MANALITHARA,
THRISSUR DISTRICT-680589,
(RESIDING AT KODATH, P.O.KURICHIKARA, THAANIKUDAM,
THRISSUR DISTRICT-680028).
BY ADVS.
SRI.V.A.MUHAMMED
SRI.M.SAJJAD
RESPONDENTS:
1 THE STATE OF KERALA,
REPRESENTED BY ITS SECRETARY TO GOVERNMENT,
GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE-II, THIRUVANANTHAPURAM-695001.
2 THE DIRECTOR OF GENERAL EDUCATION,
JAGATHY, THIRUVANANTHAPURAM-695014.
3 THE DEPUTY DIRECTOR OF EDUCATION,
THRISSUR AT AYYANTHOLE-680003.
4 THE DISTRICT EDUCATIONAL OFFICER,
CHAVAKKAD, THRISSUR DISTRICT-680506.
5 THE ASSISTANT EDUCATIONAL OFFICER,
WADAKKANCHERY, THRISSUR DISTRICT-680582.
6 SRI.K.S.ASOK KUMAR,
MANAGER, A L P SCHOOL, VEEROLIPADAM, P.O.MANALITHARA,
THRISSUR DISTRICT-680589, (RESIDING AT KAIPULLY
HOUSE, P.O.PERINGOTTUKARA, THRISSUR DISTRICT-680565).
7 THE TEACHER-IN-CHARGE,
A L P SCHOOL, VEEROLIPADAM, P.O.MANALITHARA, THRISSUR
DISTRICT-680589.
BY ADVS. SRI.S.P.ARAVINDAKSHAN PILLAY
WP(C).No.22137 OF 2019(N)
2
SMT.N.SANTHA
SRI.V.VARGHESE
SRI.PETER JOSE CHRISTO
SRI.S.A.ANAND
SMT.K.N.REMYA
SMT.L.ANNAPOORNA
SHRI.VISHNU V.K.
KUM.ABHIRAMI K. UDAY
SMT.MARY BEENA JOSEPH, SENIOR GOVT. PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
18.09.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.22137 OF 2019(N)
3
JUDGMENT
The Headmistress of ALP School, Veerolipadam has filed this writ petition challenging Ext.P11 order passed by Government on a Revision Petition filed by the Manager.
2. By Ext.P11 order, Government permitted the Manager to retain the petitioner under suspension and also to take disciplinary proceedings against her. Ext.P11 order is passed on a Revision Petition filed by the Manager against Ext.P10 order issued by the DEO by which the AEO cancelled the suspension of petitioner and directed her re-instatement.
3. It is stated that petitioner was initially placed under suspension as per Ext.P1 order of the Manager on 03.09.2018 in connection with certain irregularities in supply of rice, constitution of noon meal committee, etc. By Ext.P2 order, the AEO granted permission to retain her under suspension beyond 15 days. In the appeal filed by the petitioner, the DEO passed Ext.P6 order directing the WP(C).No.22137 OF 2019(N) 4 AEO to review the orders in view of subsequent developments and thereafter the AEO passed Ext.P7 order on 19.02.2019 directing the Manager to reinstate her and to finalise the disciplinary action against her awarding a censure and to regularise the period of suspension.
4. As the direction in Ext.P7 order was not implemented, petitioner approached this Court in W.P. (C) No.7928/2019. The Manager had filed a counter affidavit therein stating that an appeal (produced as Ext.R4(a)therein) was submitted against the order passed by the AEO. By Ext.P8 judgment, the writ petition was disposed of directing the disposal of the said appeal. The DEO thereafter passed Ext.P12 order. According to the petitioner the order of the DEO is contrary to the findings of the DPI in Ext.P14 report dated 10.01.2019 and therefore she has filed Ext.P13 appeal against Ext.P12 order, before the 2nd respondent. Petitioner alleges that the DEO did not have any authority to pass orders on the appeal filed WP(C).No.22137 OF 2019(N) 5 by the Manager before the 2 nd respondent and to arrive at findings contrary to those in Ext.P14 report.
5. The learned Counsel for the Manager points out that Manager had filed the appeal before the Director of Public Instructions, who was not a party to the writ petition. However, direction in the judgment happened to be issued to the DEO, who was the 2nd respondent in the writ petition and that based on that direction the DEO considered the appeal and passed Ext.P12 order in favour of the Manager. It is thereafter that the Manager placed the petitioner again under suspension on 05.07.2019, which the AEO cancelled as per Ext.P10 order dated 11.07.2019. The Manager thereupon approached the Government and Ext.P11 order was passed on 11.08.2019 setting aside Ext.P10 order of the AEO.
6. The contention of the petitioner is that the copy of the revision petition based on which Government passed Ext.P11 order was not furnished to WP(C).No.22137 OF 2019(N) 6 her.
7. The Manager has filed a counter affidavit stating that the 2nd suspension of the petitioner is on charges relating to misappropriation, forgery, irregulaities in connection with implementation of noon meal scheme, etc, which are entirely different from those relating to the first suspension. It is stated that after Ext.P8 judgment, petitioner was re- instated; thereafter a crime was registered against her and she was again placed under suspension as per Ext.P9 order on 05.07.2019, on allegations of misappriation, forgery etc, in the light of Ext.P12 order of the DEO. Another memo of charge (Ext.R6(g) was also issued to her on 05.07.2019, with entirely different articles of charges. It is stated that the Manager had approached the Government with a Ext.R6(h) revision petition challenging Ext.P6 order directing the re-instatement. The Manager filed Ext.R5(j) revision petition against Ext.P10 order of the AEO also by which the 2 nd suspension of WP(C).No.22137 OF 2019(N) 7 petitioner was cancelled and her re-instatement ordered.
8. Petitioner submits that Government passed Ext.P11 order permitting to retain her under suspension and to proceed with disciplinary action against her without giving her a copy of the revision petition against Ext.P10 order.
9. The Manager submits that charges against petitioner, based on which the 2nd suspension and 2nd memo of charge are issued are very serious and re- instatement of petitioner will cause very serious prejudice to the interest of the school.
10. As a present, it is seen that when Ext.P11 order was passed by Government, without giving an effective opportunity to the petitioner to refute the allegations against her.
11. Therefore Ext.P11 order shall stand set aside. The writ petition is disposed of directing the Government to pass fresh orders on the Revision Petition stated to have been submitted by the Manager WP(C).No.22137 OF 2019(N) 8 on 18.07.2019. The Manager shall furnish a copy of the Revision Petition referred to Ext.P11 to the petitioner within a period of one week from the date of receipt of a copy of the judgment. The Government shall pass fresh orders, after hearing the petitioner as well as the Manager, within a period of two months of the receipt of a copy of the judgment.
The petitioner points out that, the petitioner has filed an appeal against Ext.P12 report with respect to noon meal programmes in the School submitted by the Personal Assistant to DEO by submitting Ext.P13 appeal before the 2nd respondent. The said appeal shall also be heard and disposed of by the 2nd respondent, after giving an opportunity of hearing to petitioner and the Manager, within a period of two months from the date of receipt of a copy of the judgment. The Manager would be free to submit a fresh Stay Petition before the Government within a period of two months from the date of receipt of a copy of the judgment. Such a petition WP(C).No.22137 OF 2019(N) 9 if received, shall be heard and disposed of after hearing the petitioner as well as the Manager, within a period of three weeks.
Accordingly, this writ petition is disposed of.
Sd/-
P.V.ASHA JUDGE ww WP(C).No.22137 OF 2019(N) 10 APPENDIX PETITIONER'S EXHIBITS:
EXHIBIT P1 TRUE COPY OF THE SUSPENSION ORDER NO.01/2018 DATED 03.09.2018 ISSUED BY THE 6TH RESPONDENT.
EXHIBIT P2 TRUE COPY OF THE ORDER NO.E/6458/2018 DATED 13.09.2018 OF THE 5TH RESPONDENT.
EXHIBIT P3 TRUE COPY OF THE WRITTEN STATEMENT OF DEFENCE OF THE PETITIONER ADDRESSED TO THE MANAGER DATED 04.10.2018.
EXHIBIT P4 TRUE COPY OF THE APPEAL FILED BEFORE THE DISTRICT EDUCATIONAL OFFICER DATED 22.10.2018.
EXHIBIT P5 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.36200 OF 2018 DATED 7TH NOVEMBER 2018. EXHIBIT P6 TRUE COPY OF THE ORDER NO.B1/9649/18/K.DIS.
DATED 19.01.2019 OF THE 4TH RESPONDENT. EXHIBIT P7 TRUE COPY OF THE ORDER NO.E/7628/2018/ L.DIS. DATED 19.02.2019 OF THE 5TH RESPONDENT.
EXHIBIT P8 TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.7928/2019 OF THIS HON'BLE COURT DATED 04.04.2019.
EXHIBIT P9 TRUE COPY OF THE ORDER OF THE MANAGER DATED 05.07.2019.
EXHIBIT P10 TRUE COPY OF THE ORDER NO.E/3918/2019 DATED 11.07.2019 OF THE 5TH RESPONDENT. EXHIBIT P11 TRUE COPY OF THE G.O.(RT)NO.3126/2019/ G.EDN. DATED 01.08.2019 OF THE GOVERNMENT. EXHIBIT P12 TRUE COPY OF THE ORDER NO.B1/2701/2019/ K.DIS. DATED 17.06.2019 OF THE P.A. TO THE DEO IN CHARGE.
EXHIBIT P13 TRUE COPY OF THE APPEAL MEMORANDUM SUBMITTED THE DIRECTOR OF GENERAL EDUCATION DATED 23.07.2019.
WP(C).No.22137 OF 2019(N) 11 EXHIBIT P14 TRUE COPY OF THE REPORT CONDUCTED ON 10.01.2019.
EXHIBIT P15 TRUE COPY OF THE LETTER ADDRESSED TO THE AEO, WADAKKANCHERRY DATED 9/5/2019. EXHIBIT P16 TRUE COPY OF THE LETTER ADDRESSED TO THE AEO, WADAKKANCHERRY DATED 10/5/2019. EXHIBIT P17 TRUE COPY OF THE LETTER ADDRESSED TO THE AEO, WADAKKANCHERRY DATED 16/5/2019. EXHIBIT P18 TRUE COPY OF THE LETTER ADDRESSED TO THE AEO, WADAKKANCHERRY DATED 17/5/2019. EXHIBIT P19 TRUE COPY OF THE LETTER ADDRESSED TO THE AEO, WADAKKANCHERRY DATED 24/5/2019. EXHIBIT P20 TRUE COPY OF THE LETTER ADDRESSED TO THE AEO, WADAKKANCHERRY DATED 27/5/2019. EXHIBIT P21 TRUE COPY OF THE LETTER ADDRESSED TO THE DPI, THIRUVANANTHAPURAM DATED NIL. EXHIBIT P22 TRUE COPY OF THE LETTER ADDRESSED TO THE AEO, WADAKKANCHERRY DATED 4/7/2019. EXHIBIT P22 A TRUE COPY OF THE LETTER ADDRESSED TO THE DPI, THIRUVANATHAPURAM DATED 7/6/2019. EXHIBIT P23 TRUE COPY OF THE PETITION SUBMITTED BEFORE THE CITY POLICE COMMISSIONER DATED 10/5/2019.
EXHIBIT P24 TRUE COPY OF THE LETTER DATED 28/6/2019 ADDRESSED TO THE CITY POLICE COMMISSIONER ALONG WITH ITS RECEIPT DATED 2/7/2019. EXHIBIT P25 TRUE COPY OF THE LETTER OF THE MANAGER DATED 25/4/2019.
EXHIBIT P26 TRUE COPY OF THE CIRCULAR NO.J1/164/19/ G.EDN. DATED 28/6/2019 OF THE GOVERNMENT. RESPONDENT'S/S EXHIBITS:
EXHIBIT R6(a) TRUE COPY OF LETTER DATED 25/4/2019 ISSUED BY THE 6TH RESPONDENT TO THE PETITIONER. WP(C).No.22137 OF 2019(N) 12 EXHIBIT R6(b) TRUE COPY OF THE LETTER NO.E/6458/2018 DATED 11/4/2019 OF THE 5TH RESPONDENT.
EXHIBIT R6(c) TRUE COPY OF THE LEAVE APPLICATION DATED 4/6/2019 FOR LEAVE FOR THE PERIOD FROM 6/6/2019 TO 25/6/2019.
EXHIBIT R6(d) TRUE COPY OF THE LETTER NO.E/1839/2019 DATED 07/06/2019 OF THE 5TH RESPONDENT.
EXHIBIT R6(e) TRUE COPY OF THE ORDER OF THIS HON'BLE COURT ON B.A.NO.4538/2019.
EXHIBIT R6(f) TRUE COPY OF THE MEMO OF CHARGES WITH THE STATEMENT OF ALLEGATIONS DATED 17/9/2018 ISSUED TO THE PETITONER.
EXHIBIT R6(g) TRUE COPY OF THE MEMO OF CHARGES DATED 5/7/2019.
EXHIBIT R6(h) TRUE COPY OF THE REVISION PETITION DATED 6/2/2019 BEFORE THE GOVERNMENT.
EXHIBIT R6(i) TRUE COPY OF THE JUDGEMENT DATED 25/2/2019 IN WPC NO.5609/2019 OF THIS HON'BLE COURT.
EXHIBIT R6(j) TRUE COPY OF THE REVISION PETITION DATED 18/7/2019 WITHOUT ITS ENCLOSURES BEFORE THE GOVERNMENT.
EXHIBIT R6(k) TRUE COPY OF THE LETTER NO.F1/9809/19 DATED 11/7/2019 OF THE 3RD RESPONDENT ADDRESSED TO THE 2ND RESPONDENT, ALONG WITH THE ENCLOSED REPORT OF THE INQUIRY.
EXHIBIT R6(l) TRUE COPY OF THE REMARKS DATED 23/5/2019 ENTERED BY THE 5TH RESPONDENT IN THE SCHOOL VISITORS' REGISTER.
EXHIBIT R6(m) TRUE COPY OF LETTER DATED 9/8/2019 ISSUED BY THE 6TH RESPONDENT TO THE AEO, CHAVAKKAD.