IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 10TH AUGUST 2009 / 19TH SRAVANA 1931 WP(C).No. 22672 of 2009(D) -------------------------------- PETITIONER: -------------- K.MOHAMMEDKUTTY, AGED 59 YEARS,S/O.VEERAN HAJEE, MANAGER,M.I.S.M.U.P.SCHOOL,PENGAD KUNDIL PARAMBA, P.O.KANNAMANGALAM WEST,(VIA) A.R.NAGAR, VENGARA SUB DISTRICT,MALAPPURAM DISTRICT-676 305. BY MR.V.A.MUHAMMED, ADVOCATE. MR. K.E. HAMSA, ADVOCATE. RESPONDENTS: ------------------ 1. THE STATE OF KERALA, REP.BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT. 4. THE ASSISTANT EDUCATIONAL OFFICER, VENGARA,MALAPPURAM DISTRICT. 5. SMT.SAJI VARGHESE, HEADMISTRESS (UNDER SUSPENSION), M.I.S.M.U.P.SCHOOL,RESIDING AT HAFSA QUARTERS, KUNNUMPURAM,P.O.KUTTOOR NORTH, A.R.NAGAR,MALAPPURAM DISTRICT. BY MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.22672 OF 2009 --------------------------------------- Dated this the 10th day of August, 2009. J U D G M E N T The petitioner is the Manager of a school. The 5th respondent is the Headmistress under suspension on various charges. Exhibit P1 is the memo of charges and statement of allegations. The suspension was ordered as per Exhibit P2. It is pointed out that the order of suspension was issued based on Exhibits P3 to P6. It is also pointed out that there are serious allegations of misappropriation of funds against the 5th respondent. 2. The petitioner is presently aggrieved by Exhibit P8 order by which the Assistant Educational Officer has directed the 5th respondent to be reinstated in service. The petitioner has filed Exhibit P12 revision petition challenging the same before the Government. The petitioner has taken out various grounds to show that the reinstatement of the person as Headmistress will cause hardship especially since the allegations are very serious. W.P.(C) No.22672/2009 2 It is also submitted that the petitioner has no objection in reinstating the 5th respondent as Teacher in the school pending the disciplinary action. There will be a direction to the 1st respondent to take a decision on Exhibit P12 revision petition, after hearing the petitioner and the 5th respondent, within a period of four months from the date of receipt of a copy of this judgment. Meanwhile, further action pursuant to Exhibit P8 will be kept in abeyance till the revision petition is disposed of. If the 5th respondent accepts the posting as Teacher, the petitioner will issue appropriate orders also in the matter. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp