IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 18TH MARCH 2009 / 27TH PHALGUNA 1930 WP(C).No. 8684 of 2009(E) ---------------------------------------- PETITIONER(S): ------------------------- V.MOIDEEN KUTTY, S/O.MOHAMMED, AGED 52 YEARS, HIGH SCHOOL ASSISTANT (SOCIAL STUDIES) (UNDER SUSPENSION) NATIONAL HIGH SCHOOL, KOLATHUR, MALAPPURAM, (RESIDING AT VAKAYILTHODI, P.O.KOLATHUR, MALAPPURAM-679 338). BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. RESPONDENT(S): ---------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 4. THE MANAGER, NATIONAL HIGH SCHOOL, P.O.KOLATHUR, MALAPPURAM DISTRICT. BY SR. GOVERNMENT PLEADER MR. A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.Ravindran, J. ================== W.P.(C) No.8684 of 2009 ===================== Dated this the 18th day of March, 2009. JUDGMENT Heard Sri. V.A. Muhammed, the learned counsel appearing for the petitioner and Sri. A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent. 2. The petitioner is a teacher in the fourth respondent's school. He was placed under suspension pending disciplinary action by Ext.P1 order dated 25.7.2008 for a period of 15 days. The Manager thereafter sought the permission of the District Educational Officer to continue in suspension beyond 15 days. Such permission was granted by Ext.P2 order dated 7.8.2008. It appears that the Manager thereafter moved the Deputy Director of Education in revision, who by Ext.P4 order passed on 12.1.2009 permitted the Manager to continue the suspension till the disciplinary proceedings are finalised. It appears that the disciplinary enquiry has already been held and report of enquiry submitted. The petitioner has aggrieved by Ext.P4, filed Ext.P6 revision petition before the Secretary to Government, General Education Department. He submits that as the enquiry against him has already been completed, there is no reason to continue him under suspension and that all that the Manager has to do is to finalise the disciplinary proceedings. In this Writ Petition WP(C) 8684/09 -: 2 :- the petitioner inter alia seeks a direction to the Secretary to Government, General Education Department to pass orders on Ext.P6 revision petition after affording him an opportunity of being heard. 3. Ext.P4 order, which is impugned in Ext.P6 revision petition discloses that the disciplinary enquiry against the petitioner has already been held and report of enquiry received by the Manager. The petitioner was placed under suspension on 25.7.2008. Nearly eight months have passed thereafter. In these circumstances, the Secretary to Government, General Education Department has to consider whether continuance of the suspension is warranted. 4. Accordingly I dispose of this Writ Petition with a direction to the Secretary to Government, General Education Department to consider Ext.P6 revision petition and pass orders thereon after affording the petitioner and the fourth respondent an opportunity of being heard. Final orders in the matter shall be passed within six weeks from the date on which the petitioner produces a certified copy of this judgment. I make it clear that I have not expressed any opinion on the merits of the petitioner's contentions and that it will be open to the Secretary to Government to arrive at his own conclusion based on the materials on record. P.N.Ravindran, Judge. ess