IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 14TH AUGUST 2009 / 23RD SRAVANA 1931 WP(C).No. 14764 of 2009(M) --------------------------------------- PETITIONER(S): ------------------------- REMILA GRACE VIJAYAN PRINCIPAL (UNDER SUSPENSION) MALABAR CHRISTAIN COLLEGE H.S.S RESIDING AT MISPAH, MAY DAY ROAD CHEVAYOOR, CALICUT 673 017. BY ADVS.MR.KKM.SHERIF MR.A.A.ZIYAD RAHMAN MR.LAL K.JOSEPH SMT.SHEENA SAMUEL MR.P.H.SAVAN KUMAR RESPONDENT(S): --------------------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO THE HIGHER SECONDARY EDUCATION DEPARTMENT,THIRUVANANTHAPURAM. 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDING, THIRUVANANTHAPURAM. 3. THE REGIONAL DEPUTY DIRECTOR DISTRICT HIGHER SECONDARY EDUCATION,CALICUT. 4. THE CORPORATE MANAGER ALL CSI SCHOOLS IN MALABAR,BANK ROAD, CALICUT 673 001. R1 TO R3 BY GOVERNMENT PLEADER R4 BY ADVS.MR.BABU JOSEPH KURUVATHAZHA, MR.C.P.SIVADASAN NAIR. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 14/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.14764/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER NO.CM/DS/08-09/HSS-2/RGV-2 DTD. 19.5.08. P2:- COPY OF THE ORDER DTD. 2.6.08. P3:- COPY OF THE SHOW CAUSE NOTICE DTD. 14.5.08. P4:- COPY OF THE ORDER NO.ACD.SPE 5/10231/HSE/08 DTD. 17.1.09. TRUE COPY P.S. TO JUDGE tss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 14764 of 2009-M - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 14th day of August, 2009. JUDGMENT The petitioner, while working as Principal of Malabar Christian College H.S.S. at Kozhikode, was placed under suspension as per Ext.P1. By Ext.P2, the same was extended also. Ext.P3 is a show cause notice issued to the petitioner prior to the issuance of Ext.P1. Thereafter, the petitioner submitted explanation also in the matter. Pursuant to the representation made by the petitioner, by Ext.P4 the Director of Higher Secondary Education directed the reinstatement of the petitioner in service subject to finalisation of the pending disciplinary proceedings. Seeking implementation of the said order, this writ petition has been filed. 2. The 4th respondent has filed a counter affidavit. It is pointed out therein that by Ext.R4(a), Ext.P4 order has been recalled by the Director himself. A reading of Ext.R4(a) shows that the Director has permitted keeping the petitioner under suspension till finalisation of the disciplinary proceedings. 3. Therefore, if the petitioner is aggrieved by Ext.R4(a) order, she may have to challenge the same in appropriate proceedings. It is pointed wpc 14764/2009 2 out by the learned counsel for the petitioner that the petitioner was not having any information regarding Ext.R4(a), prior to the production of the same along with the counter affidavit. 4. Learned counsel for the petitioner submitted that the disciplinary proceedings may be directed to be completed within a time frame. Learned counsel for the Manager submits that it can be finalised within a period of three months. Therefore, reserving the right of the petitioner to challenge Ext.R4(a), the 4th respondent is directed to finalise the disciplinary proceedings within a period of three months from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) kav/