IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 18TH NOVEMBER 2008 / 27TH KARTHIKA 1930 OP.No. 28776 of 1999(A) ---------------------------------- PETITIONER: ------------------- A.S. NARAYANA MOORTHY, MANAGER, S.M. HIGH SCHOOL, AYALUR, PALAKKAD DISTRICT. BY ADV. SRI.P.R.VENKITESH. RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATIONAL DEPARTMENT, SECRETARIAT, GOVT. OF KERALA, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, PALAKKAD. 3. K.M. VARGHESE, KOCHUPURAKKAL HOUSE, N.S.S. COLLEGE POST, NENMARA, PALAKKAD DISTRICT. R1 & R2 BY GOVERNMENT PLEADER, R3 BY ADV. SRI.M.V.BOSE. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 18/11/2008, ALONG WITH O.P NO.23880/ 2000 AND CONNECTED CASES, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 28776/1999-A: ORDER ON C.M.P. NO. 48951/1999 IN O.P. NO. 28776/1999-A CLOSED 18/11/2008. SD/- S. SIRI JAGAN, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE LETTER DT. 25/03/1993 OF THE R.3. TO HEADMASTER. EXT.P.2: COPY OF THE LETTER OF THE CRIME BRANCH C.I.D. DT. 10/03/1993. EXT.P.3: COPY OF THE SHOW CAUSE NOTICE ISSUED TO R.3. ON 30/09/1993. EXT.P.4: COPY OF THE EXPLANATION SUBMITTED BY THE R.3. DT. 11/10/1993. EXT.P.5: COPY OF THE MEMO OF CHARGES DT. 06/11/1993. EXT.P.6: COPY OF THE STATEMENT OF ALLEGATIONS APPENDED ALONG WITH EXT.P.5. EXT.P.7: COPY OF THE LETTER DTD. 08/02/1994 SENT BY THE PETITIONER TO R.3. EXT.P.8: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO R.2. ON 19/02/1994. EXT.P.9: COPY OF THE COMMUNICATION OF R.2. DT. 12/11/1996. EXT.P.10: COPY OF THE JUDGMENT IN O.P. 1749/1997 DT. 10/02/1997. EXT.P.11: COPY OF THE COMMUNICATION FROM R.2. DT. 25/06/1997. EXT.P.12: COPY OF THE COMMUNICATION DT. 26/07/1997 OF THE R.2. EXT.P.13: COPY OF THE JUDGMENT IN O.P.14861/1997 DT. 12/09/1997. EXT.P.14: COPY OF THE ENQUIRY REPORT OF R.2. DT. 09/04/1997. EXT.P.15: COPY OF THE PROCEEDINGS OF THE PETITIONER FORWARDED TO THE R.2. ON 05/01/1998. O.P. NO. 28776/1999-A: EXT.P.16: COPY OF THE COVERING LETTER DT. 05/01/1998 TO EXHIBIT P.15. EXT.P.17: COPY OF THE COMMUNICATION OF R.2. DTD. 30/03/1998. EXT.P.18: COPY OF THE JUDGMENT DT. 15/01/1999 IN O.P. NO. 7047/1998. EXT.P.19: COPY OF THE REPRESENTATION SUBMITTED BY PETITIONER TO R.1. EXT.P.20: COPY OF THE JUDGMENT IN C.C. 563/1994 DT. 23/04/1998 OF THE JUDICIAL I CLASS MAGISTRATE, ALATHUR. EXT.P.21: COPY OF THE GOVERNMENT ORDER DT. 16/08/1999. EXT.P.22: COPY OF THE ORDER OF THE R.2. DT. 24/09/1999. EXT.P.23: COPY OF THE REPRESENTATION SENT BY R.3. TO PETITIONER DT. 04/10/1999. RESPONDENTS' EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE. prv. S. SIRI JAGAN, J. ------------------------------------ O.P.Nos. 28776/1999, 23880/2000,24306/2001 & W.P.(C)NO.23306 OF 2006 ---------------------------------------- Dated this the 18th day of November, 2008 JUDGMENT These original petitions relate to disciplinary proceedings against one Sri. K.M. Varghese, Clerk of S.M. High School, Ayalur. He joined the service of the school on 9.10.1967. He raised allegations that the Headmaster of the School is preventing him from attending duty from 23.4.1993 onwards. He was arrested by the Police on 9.3.1993 and was released on bail. Subsequently, he joined duty on 25.3.1993 and worked in the School till 21.4.1993 from when on, he was allegedly prevented from attending to duty. He alleged that thereafter he was terminated from service. He submitted several representations against the alleged harassment by the Headmaster to which he received no reply. The Director of Public Instruction directed the Manager to keep the employee under suspension. But the Manager did not obey the same. While so, on certain allegations O.P.No.28776/99 & Con.cases 2 of misconduct, the Manager initiated disciplinary proceedings and requested the D.E.O. to conduct an enquiry. The D.E.O. conducted an enquiry on 9.4.1997 and directed the Manager to place him under suspension. Since nothing happened thereafter also, the employee approached the Government by filing a representation dated 1.1.1998. Thereafter, he obtained a judgment dated 5.1.1999 in O.P.No.7047/1998 for disposal of that representation. That representation was considered by the Government and by order dated, 16.8.1999 which is produced as Ext.P21 in O.P.No.28776/99, the Government directed the District Educational Officer, Palakkad to take a decision on the Manager’s proposal to impose on the petitioner the punishment of dismissal from service for allegations of misconduct, which were stated to have been found to be proved by the D.E.O. Thereafter, D.E.O., in accordance with the order of the Government, passed Ext.P22 order in O.P.No.28776/1999 declining approval for imposing the punishment of dismissal from service on Sri. K.M. Varghese. The Manager filed O.P.No.28776/1999 challenging that order of the District Educational Officer. O.P.No.28776/99 & Con.cases 3 2. The employee Sri. K.M. Varghese filed O.P.No.23880/2000 to implement that order. In the meanwhile, the Deputy Director of Education issued Ext.P16 show cause notice dated 1.7.2001 in O.P.No.24306/2001 directing the Manager to show cause why he should not be declared to be unfit to hold the office of the Manager of the School for refusing to obey the direction of the District Educational Officer, to the Manager to initiate disciplinary action against Sri. K.M. Varghese as per Rule 67 of the KER. The Manager has filed O.P.No.24306/2001 against that show cause notice. While those three original petitions were pending, the said K.M. Varghese died and his widow filed W.P. (C) No.23306/06 seeking implementation of Ext.P8 order of the DEO directing the Manager to finalise disciplinary proceedings under Rule 67 of Chapter XIVA of the K.E.R, in order to release the service benefits to the petitioner, namely the wife of the deceased Clerk Sri. K.M. Varghese. 3. In O.P.No.28776/99, the Manager, who is the petitioner therein, has not cared to implead the legal heirs of the deceased employee in the place of the deceased employee. In O.P.No.24306/2001, the Manager had impleaded the legal O.P.No.28776/99 & Con.cases 4 heirs of the deceased employee. In O.P.No.23880/200, filed by the employee also, the legal heirs have not come on record as petitioners in the place of the petitioner - employee. 4. Whatever be the merits of the contentions of the parties, it remains a fact that the employee died before the disciplinary proceedings ended in imposition of punishment. Therefore, the disciplinary proceedings cannot now be continued and taken to its logical conclusion. That being so, the only order, which requires to be passed in these original petitions, is to direct the Manager and Educational Authorities to take appropriate steps to disburse the terminal benefits due to the legal heirs of deceased employee Sri. K.M. Varghese. Accordingly, these original petitions and writ petition are disposed of with the following directions. The Manager shall, within two weeks from the date of receipt of a copy of this judgment, forward appropriate proposal for disbursement of the terminal benefits due to the legal heirs of lage Sri. K.M.Varghese to the DEO after regularising the period during which he was out of service on account of the disciplinary proceeidngs. The DEO shall process the same and see that the terminal benefits due to the legal O.P.No.28776/99 & Con.cases 5 heirs of late Sri. K.M. Varghese are disbursed to them within a period of two months from the date of receipt of the proposal from the Manager. In view of the peculiar facts and circumstances of the case, I direct that no further proceedings be continued against the Manager for removal from Managership, as proposed in the notice challenged in O.P.No.24306 of 2001. S. SIRI JAGAN, JUDGE Acd O.P.No.28776/99 & Con.cases 6