Kerala High Court
WP(C)/31143/2012 of M.NARAYANAN Vs STATE OF KERALA on 31 December 2012
COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934 WP(C).No. 31143 of 2012 (P) --------------------------- PETITIONER(S): ------------- M.NARAYANAN, MANIKKOTH HOUSE, P.O PUNNAD, 670 703 KANNUR DISTRICT. BY ADV.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN
MONDAY, THE 31ST DAY OF DECEMBER 2012/10TH POUSHA 1934
WP(C).No. 31143 of 2012 (P)
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PETITIONER(S):-------------
M.NARAYANAN, MANIKKOTH HOUSE, P.O PUNNAD, 670 703 KANNUR DISTRICT.
BY ADV. SRI.POOVAMULLE PARAMBIL ABDULKAREEM
RESPONDENT(S):
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1. STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT THIRUVANATNHAPURAM 695 001. GENERAL EDUCATION DEPARTMENT THIRUVANATNHAPURAM 695 001.
2. DEPUTY DIRECTOR OF EDUCATION KANNUR 670 702. KANNUR 670 702.
3. ASSISTANT EDUCATIONAL OFFICER IRITTY, KANNUR DISTRICT. 670 703. IRITTY, KANNUR DISTRICT. 670 703.
4. THE MANAGER BAFAKI MEMORIAL LPS, VELIYAMBRA, P.O P.R NAGAR 670 702, KANNUR DISTRICT. BAFAKI MEMORIAL LPS, VELIYAMBRA, P.O P.R NAGAR 670 702, KANNUR DISTRICT.
BY GOVERNMENT PLEADER SMT.LOUZI. A
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
APPENDIX
PETITIONER'S EXHIBITS:
EXT.P1: COPY OF THE SUSPENSION ORDER NO.1/05 DATED 9.7.2005 OF THE 4THRESPONDENTRESPONDENT
EXT.P2: COPY OF THE MEMO OF CHARGES CUM STATEMENT OF ALLEGATIONSISSUED BY 4TH RESPONDENTISSUED BY 4TH RESPONDENT
EXT.P3: COPY OF THE REPLY FURNISHED BY THE PETITIONER TO EXT.P2
EXT.P4: COPY OF THE REPLY NO.E/6480/05 DATED 10.10.2005 OF THE 3RDRESPONDENTRESPONDENT
EXT.P5: COPY OF THE NOTICE ISSUED BY THE 4TH RESPONDENT
EXT.P6: COPY OF THE LETTER OF 4TH RESPONDENT TO THE 3RD RESPONDENT
EXT.P7: COPY OF THE ORDER NO.E/6480/05 DATED 26.4.2006 ISSUED BY 3RDRESPONDENTRESPONDENT
EXT.P8: COPY OF THE DETAILED APPEAL BEFORE THE 2ND RESPONDENT
EXT.P9: COPY OF THE ORDER NO.B3/14637/05 DATED 20.2.2007
EXT.P10: COPY OF THE REVISION PETITION
EXT.P11: COPY OF THE GO(MS) NO.4758/08/G.Edn DATED 10.10.2008
EXT.P12: COPY OF THE LETTER NO.1813/03/09/G.Edn DATED 24.4.2009
EXT.P13: COPY OF THE JUDGMENT DATED 21.5.2012 OF THIS HON'BLE COURT INWP(C) NO.30757/2009WP(C) NO.30757/2009
EXT.P14: COPY OF THE SHOW CAUSE NOTICE DATED 26.9.2012
EXT.P15: COPY OF THE EXPLANATION DATED 20.10.2012 TO EXT.P14 SHOW CAUSENOTICENOTICE
EXT.P16: COPY OF THE ORDER NO.D/3030/2012/K.Dis. DATED 9.11.2012 ISSUED BYTHE 3RD RESPONDENT.THE 3RD RESPONDENT.
RESPONDENT'S EXHIBITS:
NIL
//TRUE COPY//
P.A. TO JUDGE
P.N.RAVINDRAN, J.
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W.P.(C) No.31143 OF 2012
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Dated this the 31[st]day of December, 2012
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J U D G M E N T
Ext.P16 order dated 9.11.2012 passed by the AssistantEducational Officer, Iritty, removing the petitioner from service isunder challenge in this writ petition. The petitioner was initiallyremoved from service by Ext.P7 order dated 26.4.2006 issued by theAssistant Educational Officer, Iritty. That order was confirmed inappeal by Ext.P9 order dated 20.2.2007 passed by the DeputyDirector of Education, Kannur. The revision petition filed by thepetitioner before the Government was rejected and the decisioncommunicated to the petitioner by Ext.P11 order dated 10.10.2008.Though the petitioner sought a review of the Government's decision,that was also rejected by Ext.P12. He thereupon filed W.P.(C)No.30757 of 2009 in this Court challenging the aforesaid orders. ByExt.P13 judgment delivered on 21.5.2012, a learned single Judge ofthis Court set aside the impugned orders in so far as it related tocharges 2 and 3 for non-compliance with rule 75 of Chapter XIV-A ofthe Kerala Education Rules. The findings as regards the first chargewas upheld. This Court also remitted the matter back to the AssistantEducational Officer. By Ext.P16 order passed on 9.11.2012, which is WPC No.31143/2012
WPC No.31143/2012
impugned in this writ petition, the Assistant Educational Officerordered removal of the petitioner from service.
2. Having regard to the fact that Ext.P7, the original orderpassed against the petitioner, stands affirmed in so far as it relates tocharge No.1, I am of the opinion that the petitioner should challengeExt.P16 before the competent appellate authority in so far as it relatesto charges 2 and 3. Under rule 80 of Chapter XIV-A of the KeralaEducation Rules, an appeal lies from Ext.P16 order passed by theDeputy Director of Education to the next higher authority. I thereforefind no grounds to entertain this writ petition at this stage andexamine the merits of the contentions raised by the petitioner. Theperiod of limitation prescribed for filing an appeal is 60 days from thedate on which a copy of the order is communicated to the appellant.As Ext.P16 order is dated 9.11.2012, the period of limitationprescribed for filing an appeal from Ext.P16 has not so far expired.
I accordingly decline jurisdiction and dismiss the writ petition,leaving open the petitioner's contentions and reserving liberty with himto challenge Ext.P16 in other appropriate proceedings.
vps
P.N.RAVINDRAN,
(JUDGE)