IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR FRIDAY, THE 30TH JULY 2010 / 8TH SRAVANA 1932 WP(C).No. 23806 of 2010(A) -------------------------- PETITIONER(S): --------------- G.SURESH, MANAGER, KARAVARAM VOCATIONAL HIGHER SECONDARY SCHOOL, KALLAMBALAM P.O., THIRUVANANTHAPURAM. BY ADV. SRI.ELVIN PETER P.J. SMT.POOJA SURENDRAN RESPONDENT(S): --------------- 1. STATE OF KERALA-REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. THE DISTRICT EDUCATIONAL OFFICER, ATTINGAL, PIN-695101. 3. SMT.B.SHOBHA, H.S.A.(MALAYALAM) KARAVARAM VOCATIONAL HIGHER SECONDARY SCHOOL, KALLAMBALAM P.O., THIRUVANANTHAPURAM-695605 RESIDING AT "ASWATHY", EDAMANNILA, MARUTHUKUNNU, THIRUVANANTHAPURAM. BY G.P.SRI.DILIP MOHAN FOR R1 & R2 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/07/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. --------------------------------------- W.P(C)No.23806 of 2010 ---------------------------------------- Dated 30th July, 2010 JUDGMENT The petitioner is the Manager of Karavaram Vocational Higher Secondary School. The third respondent who is working as H.S.A (Malayalam) in the High School section of the said school was placed under suspension based on certain allegations. Even before issuing the order of suspension she was issued with Ext.P3 memo and it was on finding the reply submitted by the third respondent as unsatisfactory that she was placed under suspension. She was suspended as per Ext.P5 order pending enquiry as contemplated under the provisions of the Kerala Education Rules. The factum of her suspension was duly reported to the competent authority. A detailed report was then submitted to the second respondent and sanction was sought for continuing with the suspension of the third respondent beyond 15 days. However, the said request of the petitioner was declined. The second respondent rejected the said request as per Ext.P6 and thereafter the matter was taken up before the first respondent. The first respondent virtually confirmed the order passed by the second respondent. Feeling aggrieved by Ext.P6 the petitioner has taken up the matter in revision before the first respondent through WP(C).No.23806/2010 2 Ext.P7 revision petition. Ext.P7 revision petition is still pending before the first respondent. According to the petitioner, any further delay in the matter of consideration of Ext.P7 revision petition would detrimentally affect the smooth functioning of the school inasmuch as the petitioner would be compelled to reinstate the third respondent before finalisation of the disciplinary action initiated against her. Considering the fact that the petitioner has already approached the first respondent by filing Ext.P7 revision petition and the same is pending before the first respondent, this writ petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P7 expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment with notice to the petitioner and the third respondent. The learned counsel for the petitioner further submits that the petitioner may be permitted to move an interim application before the first respondent seeking appropriate reliefs to avert the situation of reinstatement of the third respondent. It will be open to the petitioner to move any such interim application before the first respondent in the said revision petition. In case the petitioner moves such an interim application within a period of one week from the date of receipt of a copy of this judgment, the WP(C).No.23806/2010 3 same shall be taken up first by the first respondent and orders thereon shall be passed within a period of two weeks from the date of receipt of a copy of this judgment. C.T.RAVIKUMAR Judge TKS