Kerala High Court
WP(C)/36001/2019 of SYAM PRAKASH R., Vs STATE OF KERALA, on 31 December 2019
COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE C.S.DIAS TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941 WP(C).No.36001 OF 2019( A ) PETITIONER: SYAM PRAKASH R., S/O. RAJAGOPAL, VALLIYATHU, BUDHANOOR (P.O), CHENGANNUR, PIN-689 510 HIGH SCHOOL ASSISTANT (SOCIAL SCIENCE)
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE C.S.DIAS
TUESDAY, THE 31ST DAY OF DECEMBER 2019 / 10TH POUSHA, 1941WP(C).No.36001 OF 2019(A)
PETITIONER:
SYAM PRAKASH R.,S/O. RAJAGOPAL, VALLIYATHU, BUDHANOOR (P.O), CHENGANNUR, PIN-689 510 HIGH SCHOOL ASSISTANT (SOCIALSCIENCE) NS GIRLS HIGH SCHOOL, MANNAR, ALAPPUZHA DISTRICT
BY ADVS.SRI.K.MOHANAKANNANSMT.A.R.PRAVITHASMT.D.S.THUSHARASRI.H.PRAVEEN (KOTTARAKARA)SRI.T.S.NEJIMUDDINSMT.T.V.NEEMA
RESPONDENTS:
1STATE OF KERALA,REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001
2THE DIRECTOR OF GENERAL EDUCATION,JAGATHY, THIRUVANANTHAPURAM-695 014JAGATHY, THIRUVANANTHAPURAM-695 014
3THE DEPUTY DIRECTOR (EDUCATION)ALAPPUZHA, ALAPPUZHA DISTRICT-690 101ALAPPUZHA, ALAPPUZHA DISTRICT-690 101
4THE DISTRICT EDUCATIONAL OFFICER,MAVELIKKARA, ALAPPUZHA DISTRICT-190 101MAVELIKKARA, ALAPPUZHA DISTRICT-190 101
5THE MANAGERNAIR SAMAJAM SCHOOLS, MANNAR (P.O), ALAPPUZHA DISTRICT-689 622NAIR SAMAJAM SCHOOLS, MANNAR (P.O), ALAPPUZHA DISTRICT-689 622
6THE PRINCIPAL,NAIR SAMAJAM TEACHR TRAINING INSTITUTE, MANNAR, ALAPPUZHA DISTRICT-689 622NAIR SAMAJAM TEACHR TRAINING INSTITUTE, MANNAR, ALAPPUZHA DISTRICT-689 622
7THE HEADMISTRESS,NAIR SAMAJAM BOYS HIGH SCHOOL, NAIR SAMAJAM BOYS HIGH SCHOOL, MANNAR (P.O), ALAPPUZHA DISTRICT-689 622
8THE HEADMISTRESS,NAIR SAMAJAM GIRLS HIGH SCHOOL, MANNAR (P.O), ALAPPUZHA DISTRICT-689 622
SMT.PRINCY XAVIER, GP
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON31.12.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The petitioner has filed the writ petition seeking for the following reliefs:
(i) To issue a Writ of certiorari or anyother appropriate order or direction calling forthe records leading to P16,P31 and P32 and quashthe same.
(ii) To issue a Writ of mandamus or anyother appropriate writ or order or directiondeclaringthattheentiredisciplinaryproceedings initiated against the petitioner andculminated in Exts.P31 and 32 are against theprovisions of Rule 75 of Chapter XIV A KER andnull and void;
(iii) To issue a Writ of mandamus or anyother appropriate writ or order or directiondirecting the 1[st]Respondent Government toconsider Ext.P33 statutory Revision filed againstExt.P31 within a time frame to be fixed by thisHon'ble Court and further proceedings pursuant toExt.P32 may be deferred until orders are passedand communicated to the petitioner;
2. The counsel for the petitioner limits his plea to direct the first respondent to consider Ext.P33 Revision Petition filed by the petitioneron 17/11/2019, challenging Ext.P31 Enquiry Reportpassed by the 4[th] respondent.
3. Having regard to the fact that the Ext.P33Revision Petition is pending consideration before WP(C).No.36001 OF 2019(A) 4
the first respondent since 17/11/2019, I deem itappropriate to direct the first respondent toconsider and pass appropriate orders on Ext.P33Revision Petition, after affording the petitioneran opportunity of being heard, as expeditiously aspossible at any rate within a period of threemonths from the date of receipt of a copy of thisjudgment. All further proceedings pursuant toExt.P31 Enquiry Report shall be kept in abeyancetill a final decision is taken on Ext.P33 RevisionPetition.
This writ petition is ordered accordingly.
msp
Sd/-C.S.DIASJUDGE
APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1TRUE COPY OF THE MEMO NO.247/2015 DATED 19/11/2015 TO THE PETITIONER19/11/2015 TO THE PETITIONER
EXHIBIT P2TRUE COPY OF REPLY STATEMENT DATED 03.12.2015 BEFORE THE 5TH RESPONDENT BY REGISTERED POST03.12.2015 BEFORE THE 5TH RESPONDENT BY REGISTERED POST
EXHIBIT P2 (A)TRUE COPY OF THE LETTER SENT BY THE PETITIONER DATED 23.11.2015 WITH REPLY OF THE MANAGER DATED 26.11.2015PETITIONER DATED 23.11.2015 WITH REPLY OF THE MANAGER DATED 26.11.2015
EXHIBIT P3TRUE COPY OF THE REPORT DATED 28.11.2015 OFTHE 4TH RESPONDENTTHE 4TH RESPONDENT
EXHIBIT P4TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DATED 07.12.2015RESPONDENT DATED 07.12.2015
EXHIBIT P5TRUE COPY OF THE ORDER OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE,KOTTAYAM DATED 05.02.2014COMMISSIONER AND SPECIAL JUDGE,KOTTAYAM DATED 05.02.2014
EXHIBIT P6TRUE COPY OF THE ORDER OF THE DISTRICT EDUCATIONAL OFFICER DATED 19.12.2015EDUCATIONAL OFFICER DATED 19.12.2015
EXHIBIT P7TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT DATED 24.2.2016RESPONDENT DATED 24.2.2016
EXHIBIT P8TRUE COPY OF THE ORDER OF TRANSFER DATED 24.2.2016 OF THE 5TH RESPONDENT24.2.2016 OF THE 5TH RESPONDENT
EXHIBIT P9TRUE COPY OF THE ORDER OF THE 5TH RESPONDENT WITH MEMO OF CHARGES DATED 28.10.2016RESPONDENT WITH MEMO OF CHARGES DATED 28.10.2016
EXHIBIT P10TRUE COPY OF THE WRITTEN STATEMENT DATED 11/1/12016 TO THE MEMO OF CHARGES11/1/12016 TO THE MEMO OF CHARGES
EXHIBIT P11TRUE COPY OF THE ORDER NO. B4/7243/2016 DATED 10/11/2016 OF THE 4TH RESPONDENTDATED 10/11/2016 OF THE 4TH RESPONDENT
EXHIBIT P12
TRUE COPY OF THE LETTER NO.344/2016 DATED
11/1/2016, OF THE MANAGER
EXHIBIT P13TRUE COPY OF THE REPRESENTATION DATED 27.12.2016 SUBMITTED BEFORE THE 4TH 27.12.2016 SUBMITTED BEFORE THE 4TH
RESPONDENT DISTRICT EDUCATIONAL OFFICER
EXHIBIT P14TRUE COPY OF THE REPRESENTATION OF THE
PETITIONER DATED 03.12.2016 SUBMITTED BEFORE THE GOVERNMENTBEFORE THE GOVERNMENT
EXHIBIT P15TRUE COPY OF THE JUDGMENT DATED 10/.11/2016IN WP(C) 36036/2016IN WP(C) 36036/2016
EXHIBIT P16TRUE COPY OF TE GO (MS) NO.3817/17.G.EDN DATED 21/10/2017DATED 21/10/2017
EXHIBIT P17
TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENTDATED 27.3.2017 WITH POSTAL INFORMATIONBY THE PETITIONER BEFORE THE 4TH RESPONDENTDATED 27.3.2017 WITH POSTAL INFORMATION
EXHIBIT P18
TRUE COPY OF THE REPORT DATED 15.4.2016 OF DIRECTOR OF PUBLIC INFORMATIONDIRECTOR OF PUBLIC INFORMATION
EXHIBIT P19
TRUE COPY OF THE COMPLAINT DATED 4.12.2015 SUBMITTED BY THE STUDENTS DATED 4.12.2015SUBMITTED BY THE STUDENTS DATED 4.12.2015
EXHIBIT P20TRUE COPY OF THE INTERIM ORDER DATED 25.1.2018 IN W.P(C) 38752/201725.1.2018 IN W.P(C) 38752/2017
EXHIBIT P21TRUE COPY OF THE ORDER OF THE MANAGER DATED31.1.201831.1.2018
EXHIBIT P22TRUE COPY OF THE ORDER DATED 31.5.2018 WITHRELIEVING ORDER DATED 1.6.2018RELIEVING ORDER DATED 1.6.2018
EXHIBIT P23TRUE COPY OF THE JUDGMENT DATED 22.2.2019 IN W.P(C) NO.38752/2017IN W.P(C) NO.38752/2017
EXHIBIT P24TRUE COPY OF THE JUDGMENT DATED 30.10.2019 IN W.A.1294/2019IN W.A.1294/2019
EXHIBIT P25TRUE COPY OF THE MEMO OF CHARGES ISSUED BY THE DISTRICT EDUCATIONAL OFFICER DATED 4.7.2019THE DISTRICT EDUCATIONAL OFFICER DATED 4.7.2019
EXHIBIT P26TRUE COPY OF THE EXPLANATION TO THE MEMO OFCHARGES ON 24.7.2019 SUBMITTED BY THE PETITIONERCHARGES ON 24.7.2019 SUBMITTED BY THE PETITIONER
EXHIBIT P27TRUE COPY OF COMMUNICATION SENT BY THE DISTRICT EDUCATIONAL OFFICER DATED 25.7.2019DISTRICT EDUCATIONAL OFFICER DATED 25.7.2019
EXHIBIT P28TRUE COPY LETTER SENT BY THE PETITIONER TO THE DISTRICT EDUCATIONAL OFFICER DATED 1.8.2019THE DISTRICT EDUCATIONAL OFFICER DATED 1.8.2019
EXHIBIT P29TRUE COPY OF THE NOTICE DATED 16.8.2019 ISSUED BY THE 4TH RESPONDENTISSUED BY THE 4TH RESPONDENT
EXHIBIT P30
TRUE COPY OF THE CROSS EXAMINATION
PROCEEDINGS WITH STATEMENT OF WITNESSES WITH ENDORSEMENT OF THE PETITIONER DATED 24.8.2019WITH ENDORSEMENT OF THE PETITIONER DATED 24.8.2019
Procedure
EXHIBIT P31TRUE COPY OF THE ENQUIRY REPORT NO.B4/2039/2019 DATED 23.9.2019 ISSUED BY THE 4TH RESPONDENTNO.B4/2039/2019 DATED 23.9.2019 ISSUED BY THE 4TH RESPONDENT
EXHIBIT P32TRUE COPY OF THE SHOW CAUSE NOTICE DATED 15.11.2019 ISSUED BY THE 5TH RESPONDENT15.11.2019 ISSUED BY THE 5TH RESPONDENT
EXHIBIT P33TRUE COPY OF THE REVISION PETITION SUBMITTED BEFORE THE 4TH RESPONDENT UNDER RULE 92 OF CHAPTER XIV-A OF KER ON 17.11.2019 WITH ACKNOWLEDGMENT DUESUBMITTED BEFORE THE 4TH RESPONDENT UNDER RULE 92 OF CHAPTER XIV-A OF KER ON 17.11.2019 WITH ACKNOWLEDGMENT DUE
EXHIBIT P34TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MANAGER DATED 28.11.2019BY THE PETITIONER BEFORE THE MANAGER DATED 28.11.2019
EXHIBIT P35TRUE COPY OF THE COMMUNICATION SENT BY THE MANAGER TO THE PETITIONER DATED 2.12.2019MANAGER TO THE PETITIONER DATED 2.12.2019
EXHIBIT P36TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE MANAGER DATED 12.12.2019BY THE PETITIONER BEFORE THE MANAGER DATED 12.12.2019
EXHIBIT P37TRUE COPY OF THE COMMUNICATION SENT BY THE MANAGER TO THE PETITIONER DATED 12.12.2109 WITH A COMPLAINT FILED BY THE STUDENTS DATED 9.9.2015MANAGER TO THE PETITIONER DATED 12.12.2109 WITH A COMPLAINT FILED BY THE STUDENTS DATED 9.9.2015
RESPONDENTS EXHIBITS:NIL
//TRUE COPY//
P.A. TO JUDGE