IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 15TH DECEMBER 2011 / 24TH AGRAHAYANA 1933 WP(C).No. 33413 of 2011(B) -------------------------------- PETITIONER: -------------- JASPER THOMAS, AGED 43 YEARS, S/O. THOMAS, KUNNUMPURATH HOUSE, CHEMBALAM P.O., KALLAR, NEDUMKANDOM, NOW WORKING AS U.D. CLERK, DISTRICT EDUCATIONAL OFFICE, KATTAPPANA, IDUKKI DISTRICT. BY ADV. SRI.S.DILEEP (KALLAR) RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM - 695 001. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. 3. DEPUTY DIRECTOR OF PUBLIC INSTRUCTIONS, THODUPUZHA, IDUKKI DISTRICT - 685 584. 4. DISTRICT EDUCATIONAL OFFICER, D.E.O. OFFICE, KATTAPPANA, IDUKKI - 685 508. 5. ASSISTANT EDUCATIONAL OFFICER, NEDUMKANDOM, IDUKKI DISTRICT - 685 553. 6. HEADMASTER, GOVT. HIGH SCHOOL, NEDUMKANDOM, IDUKKI DISTRICT - 685 553. BY SRI. M.A. FAYAZ, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/12/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.33413/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF MEMO OF CHARGES No.A5/5336/04 DTD. 6.12.04 ISSUED BY R3 TO PETITIONER. EXT. P2 : COPY OF WRITTEN STATEMENT DATED 14.1.05 SUBMITTED BY PETITIONER TO R3. EXT. P3 : COPY OF SHOW CAUSE NOTICE No.A5/5336/04 DTD. 5.4.05 ISSUED BY R3 TO PETITIONER. EXT. P4 : COPY OF REPLY DTD. 28.4.05 SUBMITTED BY PETITIONER TO R3. EXT. P5 : COPY OF SHOW CAUSE No.A5/5336/04 DTD. 3.12.07 ISSUED BY R3 TO PETITIONER. EXT. P6 : COPY OF REPLY DTD. 18.12.07 SUBMITTED BY PETITIONER TO R3. EXT. P7 : COPY OF FINAL ORDER No.A5/5336/04 DTD. 6.3.08 ISSUED BY R3 TO PETITIONER. EXT. P8 : COPY OF PROCEEDINGS No.V1/22182/09/DPI/K.DIS DTD. 13.6.11 ISSUED BY R2 TO PETITIONER. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.33413 OF 2011 --------------------------------------- Dated this the 15th day of December, 2011. J U D G M E N T Aggrieved by the disciplinary action initiated against the petitioner, the petitioner has filed this writ petition. Ext.P1 is the memo of charges issued to the petitioner and Ext.P2 is the written statement, and Ext.P3 is the show cause notice issued by the 3rd respondent to which the petitioner had submitted Ext.P4 reply. 2. Ext.P7 is the order passed by the 3rd respondent whereby a punishment of barring of one increment with cumulative effect was imposed. The same was challenged by the petitioner in appeal before the Director of Public Instruction who has upheld the punishment as per Ext.P8 order. 3. Learned Government Pleader submitted that the petitioner has got a remedy to challenge the same before the Government in terms of the rules in force. Therefore, leaving open the remedy of the petitioner to file W.P.(C) No.33413/2011 2 a revision petition before the Government, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp