IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 9TH JANUARY 2008 / 19TH POUSHA 1929 OP.No. 7894 of 2001(M) ---------------------- PETITIONER: ------------ SR.CLETA, MANAGER, CARMEL GIRLS' HIGH SCHOOL, THYCAUD, THIRUVANANTHAPURAM-695 014. BY ADV. SRI.S.M.PREM SMT.K.P.SANTHI RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. ANNIE.C.P., VAYALIL VEEDU, T.C.15/704(C-21) PALOTTUKONAM ROAD, EDAPAZHANJI, SASTHAMANGALAM.P.O., TRIVANDRUM. BY ADV. SRI.PIRAPPANCODE V.S.SUDHIR SRI.SAJU JOHN SRI.C.ANIRUDHAN SENIOR GOVT. PLEADER, SMT. T.B.RAMANI THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 09/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 7894/2001/M ORDER ON CMP NO.12832/2001 IN O.P. NO.7894/2001 DISMISSED SD/- 9-1-2008 S.SIRI JAGAN, JUDGE APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE ORDER DATED 30-6-2000 ISSUED BY THE PETITIONER SUSPENDING THE 2ND RESPONDENT FROM THE SERVICE OF THE SCHOOL. EXT. P2: COPY OF THE MEMO OF CHARGES DATED 3-7-2000 ISSUED TO THE 2ND RESPONDENT. EXT. P3: COPY OF THE INQUIRY REPORT DATED 5-12-2000 ISSUED TO THE 2ND RESPONDENT. EXT. P3(A): COPY OF THE EVIDENCE OF MW1 RECORDED BY THE INQUIRY OFFICER. EXT. P3(B): COPY OF THE EVIDENCE OF MW2 RECORDED BY THE INQUIRY OFFICER. EXT. P3(C): COPY OF THE EVIDENCE OF MW3 RECORDED BY THE INQUIRY OFFICER. EXT. P3(D): COPY OF THE EVIDENCE OF MW4 RECORDED BY THE INQUIRY OFFICER. EXT. P3(E): COPY OF THE EVIDENCE OF MW5 RECORDED BY THE INQUIRY OFFICER. EXT. P3(F): COPY OF THE EVIDENCE OF MW6 RECORDED BY THE INQUIRY OFFICER. EXT. P3(G): COPY OF THE EVIDENCE OF MW7 RECORDED BY THE INQUIRY OFFICER. EXT. P3(H): COPY OF THE EVIDENCE OF MW8 RECORDED BY THE INQUIRY OFFICER. EXT. P4: COPY OF THE ORDER DATED 22-12-2000 ISSUED BY THE PETITIONER. OP.No. 7894/2001/M EXT. P5: JUDGMENT DATED 24-11-2000 IN O.P. NO.31628 OF 2000 OF THE HONOURABLE HIGH COURT OF KERALA. EXT.P6: COPY OF THE NOTICE FOR HEARING DATED 6-1-2001. EXT. P7: COPY OF THE G.O.(RT)656/2001/G.EDN. DATED 15-2-2001 PASSED BY THE UNDER SECRETARY SMT.M.D.REMANI. RESPONDENT'S EXHIBITS: EXT. R2(A): COPY OF THE GOVERNMENT ORDER NO.882/01/G.EDN. DATED 5.3.2001. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= O.P. No.7894 of 2001(M) ======================= Dated this the 8th day of January, 2008 JUDGMENT The petitioner is challenging Ext.P7 order passed by the Government of Kerala pursuant to direction issued by this Court in O.P.No.3162/2000 whereby the representation dated 17.7.2000 filed by the 2nd respondent was directed to be considered and disposed of . The petitioner raised two contentions against Ext.P7. First is that the person who heard the matter did not actually passed the order. Although the question of jurisdiction was raised and the same was not considered by the Government . Of course the counsel for the 2nd respondent points out that the first contention may not stand in view of the fact that the very same person who had actually passed the order and the name ... regularly not mentioned which was correctly lye. I do not propose to go into ... since Ext.P7 does not specifically deal with the contention of the petitioner that the Government did not have jurisdiction to decide the O.P. No.7894/2001/M -2- question involved . Accordingly, Ext.P7 order is quashed and the matter is remanded to the 1st respondent for fresh consideration in accordance with the law after affording an opportunity of being heard to both sides. Fresh orders shall be passed within two months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. S.SIRI JAGAN, JUDGE jp