IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 25TH JULY 2008 / 3RD SRAVANA 1930 WP(C).No. 19554 of 2008(C) -------------------------- PETITIONER: ------------ P.V. CHANDRAN, HEADMASTER (UNDER SUSPENSION) UBM CHURCH A. L.P. SCHOOL, HOSDURG, KASARAGOD BY ADV. SRI.M.SASINDRAN SRI.TOJAN J. VATHIKULAM RESPONDENTS: ------------- 1. THE MANAGER, UBM CHURCH A.L.P. SCHOOL, HOSDURG, KASARAGOD. 2. THE DISTRICT EDUCATIONAL OFFICER, KANHANGAD, KASARAGOD. 3. THE ASSISTANT EDUCATIONAL OFFICER, HOSDURG, KASARAGOD. ADDL. R4 IMPLEADED: THE SECRETARY, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. (ADDL.R4 IS IMPLEADED AS PER ORDER DATED 25.07.2008 IN IA NO.9260/2008) BY ADV. SRI.T.MADHU FOR R1 BY G.P. SMT. T.B.REMANY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 25/07/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER OF SUSPENSION ISSUED BY THE FIRST RESPONDENT DATED 11.8.2006 EXT.P2 TRUE COPY OF THE MEMO DATED 13.4.2007 EXT.P3 TRUE COPY OF THE REPLY DATED 27.4.2007 EXT.P4 TRUE COPY OF THE COMMUNICATION DATED 3.5.2007 ISSUED BY THE FIRST RESPONDENT TO THE SECOND RESPONDENT EXT.P5 TRUE COPY OF THE COMMUNICATION BEARING NO.B6/1911/07 DATED 28.1.2008 EXT.P6 TRUE COPY OF THE COMMUNICATION DATED 11.4.2008 ISSUED BY THE SECOND RESPONDENT TO THE MANAGER RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE BROCHURE ISSUED IN CONNECTION WITH THE 111TH YEAR CELEBRATION EXT.R1(b) TRUE COPY OF THE ENQUIRY REPORT DATED 3.4.2007 ISSUED BY THE SECOND RESPONDENT TO THE PETITIONER EXT.R1(c) TRUE COPY OF THE COMMUNICATION ISSUED BY THE ASST. EDUCATIONAL OFFICER, HOSDURG TO THE FORMER MANAGER OF THE SCHOOL EXT.R1(d) TRUE COPY OF THE COMMUNICATION DATED 5.3.1986 ISSUED BY THE THEN ASST. EDUCATIONAL OFFICER TO THE THEN MANAGER OF THE SCHOOL EXT.R1(e) TRUE COPY OF THE REVISION PETITION 11.7.2008 //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.19554 of 2008 C -------------------------------------- Dated this the 25th day of July, 2008. J U D G M E N T The grievance of the petitioner is that the disciplinary proceedings initiated against him has not been finalized. The petitioner was working as Headmaster in U.B.M. Church A.L.P. School, Hosdurg. He was placed under suspension as per Ext.P1 order dated 11.8.2006 passed by the Manager. Enquiry was conducted. Ext.R1(b) is the enquiry report. After enquiry, the Manager sought permission of the Educational Authorities to remove the petitioner from service. The District Educational Officer, as per Ext.P5 dated 28.1.2008 rejected that proposal, informing the Manager that the case is not grave enough to award the proposed punishment of removal from service. Thereafter, the Manager proposed compulsory retirement of the petitioner which was also rejected by the District Educational Officer, as per Ext.P6 order dated 11.4.2008. 2. The relief prayed for in the Writ Petition is to issue a writ of mandamus directing the first respondent, Manager, to finalize the disciplinary proceedings against the petitioner and to reinstate him forthwith. 3. The learned counsel for the first respondent, the Manager, submitted that against Ext.P6 order dated 11.4.2008 the Manager has filed Ext.R1(e) revision before the Government. Ext.R1(e) revision filed by the Manager is pending disposal before the Government. WP(C) No.19554/2008 2 4. Counsel on either side submit that it is necessary to dispose of the revision filed by the Manager expeditiously. In the facts and circumstances of the case, the Writ Petition is disposed of in the following manner:- There will be a direction to the additional fourth respondent (The Secretary, Department of General Education, Thiruvananthapuram) to dispose of the revision filed by the first respondent, Manager, as expeditiously as possible, and at any rate within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the Manager. Both parties will be entitled to produce before the additional fourth respondent such other materials and documents which are relevant in the matter. The petitioner shall produce a copy of the Writ Petition and counter affidavit before the additional fourth respondent. K.T. SANKARAN, JUDGE. cks