IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 22ND FEBRUARY 2008 / 3RD PHALGUNA 1929 WP(C).No. 26565 of 2006(K) -------------------------------------- PETITIONER: ------------------- V.JAYACHANDRAN, S/O. LATE M.VELAYUDHAN, MANAGER, M.V.HIGHER SECONDARY SCHOOL, ARUMANOOR, POOVAR P.O., NEYYATTINKARA, THIRUVANANTHAPURAM. BY ADV. SRI.V.AJAKUMAR SRI.T.M.CHANDRAN RESPONDENTS: ----------------------- 1. THE SECRETARY TO GOVERNMENT GENERAL EDUCATION (N) DEPARTMENT, GOVERNMENT OF KERALA, SECRETARIAT, THIRUVANANTHAPURAM. 2. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT OFFICER, NEYYATTINKARA. 3. A.SAKUNTHALA, VADAKEKOTTANVILA VEEDU, POOVAR P.O., THIRUVANANTHAPURAM. BY ADV. SRI.B.RAGUNATHAN SRI.G.S.MOHANDAS SRI.V.V.MATHEW GOVERNMENT PLEADER SMT.N.SUDHA DEVI THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 22/02/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.26565/2006 APPENDIX PETITIONERS EXHIBITS EXT.P1:- COPY OF THE ORDER OF SUSPENSION DT. 23.10.2000 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P2:- COPY OF THE LETTER ISSUED BY THE PETITIONER TO THE 2ND RESPOC DT. 23.10.2000. E.XT.P3:- COPY OF THE ORDER NO.B4-8634/2000 DT. 30.11.2000 ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P4:- COPY OF THE ORDER OF THE DPI NO.ET5/10402/2001/DPI/KDIS DT. 23.2.01. EXT.P5:- COPY OF THE FORWARDING LETTER NO.B4-8634/2000 DT. 30.5.01 ALONG WITH THE ENQUIRY REPORT IN TERMS OF RULE 75 OF CHAPTER XIV A OF KER . EXT.P6:- COPY OF THE SHOW CAUSE NOTICE DT. 4.9.01 ISSUED BY THE PETITIONER TO THE 3RD RESPONDENT. EXT.P7:- COPY OF THE ORDER D.T. 24.9.2001 PASSED BY THE PETITIONER . EXT.P8:- COPY OF THE POSTAL RECEIPT DT. 25.9.01. EXT.P9:- COPY OF THE ORDER NO.B4-8634/2000 DT. 12.12.01 PASSED BY THE 2ND RESPONDENT TO THE PETITIONER. EXT.P10:- COPY OF THE REVISION PETITION FILED BY THE PETITIONER BEFORE THE IST RESPONDENT. EXT.P11:- COPY OF THE LETTER NO.VI-12147/02/DPI DT. 25.3.02 OF THE DPI. EXT.P12:- COPY OF THE LETTER NO.12882.N2/02/G.EDN. EXT.P13:- COPY OF THE LETTER SENT BY THE PETITIONER BEFORE THE IST RESPONDENT DT. 1.6.02. EXT.P14:- COPY OF THE LETTER NO.B4-8634/01 DT. 16.10.02. EXT.P15:- COPY OF THE LETTER DT. 16.11.02 BY THE PETITIONER. EXT.P16:- COPY OF THE LETTER NO.3.5.04 SENT BY THE PETITIONER TO THE 2ND RESPONDENT. EXT.P17:- COPY OF THE REPRESENTATION DT. 3.5.04 AND 31.12.04. EXT.P18:- COPY OF THE ORDER NO.B6-14822/02 DT. 28.2.05 OF THE 2ND RESPONDENT. EXT.P19:- COPY OF THE JUDGMENT IN WP(C) 12570/05. E.XT.P20:- COPY OF THE LETTER DT. 5.7.06. EXT.P21:- COPY OF THE G.O.(RT) NO.3579/06 G.ED. DT. 14.8.06 PASSED BY IST RESPONDENT. EXT.P22:- COPY OF THE WRITTEN COMPLAINT DT. 9.6.2000. EXT.P23:- COPY OF THE WRITTEN COMPLAINT. EXT.P24:- COPY OF THE LETTER DT. 24.6.2000. EXT.25:- COPY OF THE LETTER OF APOLOGY DT. 26.6.2000,. EXT.P26:- COPY OF THE COMPLAINT. EXT.P27:- COPY OF THE COMPLAINT DT. 12.7.2000. EXT.P28:- COPY OF THE REPORT DT. 21.10.2000. EXT.P29:- COPY OF THE LETTER DT. 18.9.2001. EXT.P30:- COPY OF THE LETTER DT. 5.5.03. S. SIRI JAGAN, J. ------------------------------------ W.P.(C)No.26565 OF 2006 ---------------------------------------- Dated this the 22nd day of February, 2008 JUDGMENT The Manager of an aided School is the petitioner herein. The matter relates to disciplinary proceedings against a Full Time Menial of the School, the 3rd respondent herein. Originally, she was suspended pending disciplinary action and ultimately reinstated on 12.3.2001, pursuant to Ext.P4 order of the Director of Public Instructions, in which the DEO was also directed to complete the enquiry under Rule 75 of Chapter XIVA of KER. The DEO thereafter filed Ext.P5 enquiry report, in which she held as follows: “It is evident that though there is no clear proof and supporting evidence to substantiate the charges, that do not mean that the denial of the charges by the F.T.M. Does not seem true to facts the full core and therefore she deserves some minor punishment/warning as the Manager deemed it necessary.” Thereafter, the petitioner forwarded for approval Ext.P7 order proposing to impose on the 3rd respondent, the punishment of barring of increment for a period of three years. The same was W.P.(c) No.26565/06 2 rejected by the Educational Officer by Ext.P9 order. The petitioner filed a revision before the Government. There was a dispute as to whether a revision lies to the Government, ultimately by Ext.P19 judgment, this Court directed the Government to consider the revision petition and pass appropriate orders. Pursuant thereto Ext.P21 order has been passed by the Government by which the Government reduced the punishment to barring of one increment and rejected other contentions of the petitioner. The petitioner is challenging Ext.P21 order inter alia on the ground that the person, who heard the revision petition did not pass the impugned order. Arguments have been advanced before me as to whether such a procedure is valid, but a consensus has been arrived at among the parties to this writ petition to the effect that the Government can be directed to reconsider the matter. Accordingly Ext.P21 order is quashed and the 1st respondent – Government is directed to reconsider the revision petition filed by the petitioner and pass fresh orders in accordance with law. While doing so, in order to avoid further controversies, the Government shall see that the officer who W.P.(c) No.26565/06 3 hears the revision petition himself/herself passes the final order also. Orders shall be passed within a period of 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 Acd W.P.(c) No.26565/06 4