IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 22ND DECEMBER 2009 / 1ST POUSHA 1931 WP(C).No. 37394 of 2009(T) -------------------------------- PETITIONER: -------------- P. RADHAKRISHNAN, S/O. SANKARA KURUP, AGED 46 YEARS, HEAD MASTER, NARIKKATTIRI L.V.L.P. SCHOOL, ARUR P.O., KAKKATTIL VIA, KOZHIKODE. BY MR.BABU JOSEPH KURUVATHAZHA, ADVOCATE. MR.C.P.SIVADASAN NAIR, ADVOCATE. RESPONDENTS: ------------------ 1. DEPUTY DIRECTOR OF EDUCATION OF KOZHIKODE 2. ASSISTANT EDUCATIONAL OFFICER, NADAPURAM, KALLACHI P.O., KOZHIKODE DIST. 3. MANAGER, NARIKKATTIRI L.V. L.P SCHOOL, ARUR P.O., KAKKATTIL VIA, KOZHIKODE DIST. BY MS.M.R.SREELATHA, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.37394 OF 2009 --------------------------------------- Dated this the 22nd day of December, 2009. J U D G M E N T The petitioner is the Headmaster of Narikkattiri L.V.L.P.School, Arur in Kozhikode District. He is aggrieved by Exhibit P15 order by which invoking the power under Section 12A of the Kerala Education Rules, the Assistant Educational Officer has imposed a punishment of demoting him from the post of Headmaster for two years. 2. Challenging Exhibit P15, the petitioner has already filed Exhibit P16 appeal before the Deputy Director of Education with a prayer to stay the operation of Exhibit P15. Learned counsel for the petitioner submitted that after the issuance of memo of charges, no further enquiry was conducted and therefore, Exhibit P15 cannot be sustained. It is upto the petitioner to move the appellate authority for appropriate interim orders. Therefore, there will be a direction to the 1st respondent to consider the application for any interim order if moved by the W.P.(C) No.37394/2009 2 petitioner and appropriate orders will be passed after considering various aspects. Any request for grant of interim order will be considered by the Deputy Director of Education without any delay. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp