IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE K.P.BALACHANDRAN TUESDAY, THE 12TH AUGUST 2008 / 21ST SRAVANA 1930 WA.No. 1658 of 2005() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.17491/2005 Dated 15/07/2005 .................... APPELLANT: PETITIONER IN THE WP. --------------------- THE MANAGER, NADUVANNUR HIGHER SECONDARY SCHOOL, VAKAYAD, KOZHIKODE DISTRICT. BY ADV. SRI.ELVIN PETER.P.J. SRI.S.RAMESH SRI.P.N.SANTHOSH SRI.NAVEEN.T SRI.T.G.SUNIL (PRANAVAM) SMT.POOJA SURENDRAN SRI.C.X.ANTONY BENEDICT RESPONDENTS: RESPONDENTS IN WPC. ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DISTRICT OF HIGHER SECONDARY EDUCATION, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 5. K.P.RAJAGOPALAN, HEADMASTER/PRINCIPAL (NOW UNDER SUSPENSION), NADUVANNUR HIGHER SECONDARY SCHOOL, VAKAYAD, KOZHIKODE DISTRICT. ADV. SRI.P.K.SURESH KUMAR FOR R5 SRI.K.P.SUDHEER FOR R5 GOVERNMENT PLEADER SRI.K.SANDESH RAJA THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 12/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B.KOSHY & K.P.BALACHANDRAN, JJ. ------------------------------- W.A.NO.1658 OF 2005 () ----------------------------------- Dated this the 12th day of August, 2008 J U D G M E N T KOSHY,J. Fifth respondent was suspended from service pending enquiry. The permission for extending the period of suspension was sought by the Manager, appellant. The Educational authorities ordered that after conducting enquiry, if he is found not guilty, he should be reinstated. Meanwhile, Learned Single Judge by the impugned judgment directed that suspension shall stand vacated and enquiry proceedings can be continued. Accordingly, impugned judgment was already implemented. But the 5th respondent retired from service on 31.3.2006. The disciplinary proceedings is not yet completed. In the above circumstances, we direct the Manager to complete the disciplinary proceedings as expeditiously as possible, and in any event, within four months from the date of W.A.1658/05 2 receipt of the copy of this judgment, provided, petitioner did not ask for adjournment. With the above observations, this appeal is disposed of. J.B.KOSHY, JUDGE K.P.BALACHANDRAN, JUDGE prp J.B.KOSHY & K.P.BALACHANDRAN, JJ. -------------------------------------------------------- M.F.A.NO. OF 2006 () --------------------------------------------------------- J U D G M E N T --------------------------------------------------------- 4th August, 2008