IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 13TH JULY 2011 / 22ND ASHADHA 1933 WP(C).No. 18547 of 2011(P) ---------------------------------------- PETITIONER(S): ----------------------- R. SADASIVAN PILLAI, SADASIVA VILASOM, EDAKKAD P.O., KOLLAM-691 552. BY ADV. SRI.V.PREMCHAND RESPONDENT(S): -------------------------- 1. THE DIRECTOR, DIRECTORATE OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM-695 001. 2. THE MANAGER, SANTHINIKETANAM MODEL HIGHER SECONDARY SCHOOL, PATHARAM, SOORANADU, KOLLAM, PIN-690 567. 3. G. NANDAKUMAR, MANAGER, SANTHINIKETANAM MODEL HIGHER SECONDARY SCHOOL, PATHARAM, SOORANADU, KOLLAM, PIN-690 567. R1 BY GOVT. PLEADER MR.V. VIJULAL. R2 & R3 BY ADV. MR.JOHN JOSEPH VETTIKKAD. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 13/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 18547 of 2011(P) APPENDIX PETITIONER'S EXHIBITS: EXT1: COPY OF THE COMMUNICATION DATED 21/02/2010 ISSUED BY THE 1ST RESPONDENT. EXT.P2: COPY OF THE COMMUNICATION DATED 05/08/2010 ISSUED BY THE 3RD RESPONDENT. EXT.P3: COPY OF THE ORDER DATED 01/07/2011 BY THE 3RD RESPONDENT. EXT.P4: COPY OF THE COMMUNICATION DATED 14/06/2011 ALONG WITH THE REPORT OF THE FINANCE WING. EXT.P5: COPY OF THE REPRESENTATION DATED 01/07/2011 BEFORE THE 1ST RESPONDENT. EXT.P6: COPY OF THE PETITION DATED BEFORE THE 1ST RESPONDENT. EXT.P7: COPY OF THE MATHRUBHUMI DATED 05/07/2011. EXT.P8: COPY OF THE MALAYALA MANORAMA DATED 05/07/2011. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.18547/2011-P ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 13 th day of July, 2011 J U D G M E N T The petitioner who has been functioning as Higher Secondary Schoo1 Teacher and later as Principal of the schoo1 managed by the third respondent is aggrieved by Ext.P3 order of suspension whereby the petitioner is suspended with effect from 4.45 p.m of 1 st July, 2011 pending enquiry and disciplinary proceedings. 2. It is averred in the writ petition that the suspension order is passed on various unsustainable grounds including the plea that it has been issued for a mala fide purpose. 3. Heard the learned counsel for the petitioner, the learned counsel appearing for the Manager and the learned Government Pleader. 4. It is evident from the Government Order issued namely, G.O.(MS).No.235(1)2009/G.Edn., dated 05/12/2009 that the provisions under Chapter XIV A of Kerala Education Rules in so far as it relates to disciplinary proceedings against the teaching and non-teaching staff W.P.(C). No.18547/2011 -:2:- of Aided Schoo1s have been made applicable to the teaching and non-teaching staff of Aided Higher Secondary Schoo1s also. 5. It is submitted by the learned counsel appearing for the Manager that the Manager has already forwarded the documents relating to the suspension to the Regional Deputy Director, Higher Secondary Education, Palayam, Thiruvananthapuram and to the Director of Higher Secondary Education seeking for continuance of the suspension beyond a period of 15 days. In that view of the matter, a decision on the said issue will be taken by the competent authority among them only after hearing the petitioner and the Manager also. Contentions raised in the writ petition are therefore left open and the writ petition is disposed of accordingly leaving open the remedy of the petitioner to move the Regional Deputy Director, Higher Secondary Education or the Director of Higher Secondary Education as the case may be. No costs. (T.R. Ramachandran Nair, Judge.) ms