IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 16TH AUGUST 2010 / 25TH SRAVANA 1932 WP(C).No. 9523 of 2010(M) ------------------------- PETITIONER(S): --------------- REMILA GRACE VIJAYAN, PRINCIPAL (UNDER SUSPENSION), MALABAR CHRISTIAN COLLEGE H.S.S., RESIDING AT MISPAH, MAY DAY ROAD, CHEVAYOOR, CALICUT-673 017. BY ADV. SRI.KKM.SHERIF SRI.LAL K.JOSEPH SRI.A.A.ZIYAD RAHMAN SRI.V.R.REKESH RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. 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 C S I SCHOOLS IN MALABAR, BANK ROAD, CALICUT-673 001. ADV. SRI.V.A.MUHAMMED FOR R4 SRI.M.SAJJAD FOR R4 GOVERNMENT PLEADER SRI.SANDESH RAJA-R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 16/08/2010, ALONG WITH WPC NO. 18260 OF 2010 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 9523 of 2010 APPENDIX PETITIONER'S EXHIBITS: P1: True copy of the CM/DS/08-09/HSS-2/RGV-2 dated 19.5.2008. P2: True copy of the order dated 2.6.2008. P3: True copy of the show cause notice dated 14.5.2008. P4: True copy of the order No.Acd.Spe5/10321/HSE/08 dated 17.1.2009. P5: True copy of the order dated 17.3.09 issued by the 4th respondent. P6: True copy of the judgment dated 14.08.09 in Writ Petition No.14764/09. P7: True copy of the order dated 02.12.09 in R.P.No.1138/09. P8: True copy of the statement dated 17.5.2008. P9: True copy of the appeal dated 23.5.2008. P10: True copy of the notice dated 20.6.2008. P11: True copy of the Memo of charges and statement of Allegations dated 3.11.2008. P12: True copy of the statement dated 9.12.08 filed by the petitioner before the third respondent. P13: True copy of the order dated 13.05.08. P14: True copy of the letter dated 6.3.2008. RESPONDENTS' EXHIBITS: R4(a): true copy of the order of the Manager. R4(b): true copy of the Report of Inspection. R4(c): true copy of the Verification Report of the RDD. R4(d): true copy of the letter No.Acd.A3/1023/HSE/08 of the Director. R4(e): true copy of the Report on the audit of Accounts conducted by the RDD. R4(f): true copy of the Seizure of documents. R4(g): true copy of the -do -do- R4(h): true copy of the Written Statement of Defence. R4(i): true copy of the order of the Manager. R4(j): true copy of the Suit Notice (O.S.No.811/2009) and Plaint. R4(k): true copy of the order of the RDD. R4(l): true copy of the Representation filed before the Teacher in charge. C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NOs. 9523 & 18260 OF 2010 -------------------------------------------- Dated this the 16th day of August, 2010 Common facts and issues involve in these Writ Petitions and therefore, they are being disposed of by this common judgment. 2. In W.P.(C).No.9523/2010, the challenge is against Ext.P1 order whereby the petitioner was placed under suspension while working as Principal of Malabar Christian College Higher Secondary School, Kozhikode and continuance of all proceedings pursuant thereto. The further prayer is for issuance of writ of mandamus commanding the respondents to reinstate the petitioner in service. In the latter Writ Petition, the challenge is against Ext.P8 order to the extent it orders transfer of the petitioner from M.C.C Higher Secondary School, Kozhikode to BEM Girls H.S.S and also to quash Ext.P9 order whereby the seniormost H.S.S.T of the said school Smt.Reena K.P was directed to take charge of the Principal on provisional basis for the purpose of drawing and disbursing salary of the staff and for performing the duties of the Principal of the school. The further prayer is to issue a writ of mandamus commanding the fourth respondent to appoint the petitioner as W.P.(C) NO.9523 & 18260/2010 2 Principal of M.C.C Higher Secondary School, Kozhikode. In view of the order I propose to pass in this Writ Petition I do not think it necessary to delve into the facts any further. As per inetrim order dated 30.3.2010 in W.P.(C).No.9523/2010, this Court on finding that the disciplinary proceedings initiated against the petitioner was not completed, ordered to reinstate the petitioner in service without prejudice to the completion of the disciplinary proceedings. Pursuant to the same, the petitioner was reinstated in service but in another school ie., BEM Higher Secondary School, Kozhikode. On such transfer, the petitioner was not permitted to function as the Principal of the said school whilst another teacher was put in charge, purely on provisional basis as per Ext.P9 in W.P.(C). NO.18260/2010. The order of transfer of the petitioner was not actually ratified by the Regional Deputy Director, Kozhikode and in fact, fourth respondent-Manager was directed to place the seniormost H.S.S.T, Smt.Reena K.P, in-charge of Principal purely on provisional basis for the purpose of drawing and disbursal of the salary of the Higher secondary section of that school and also to perform the routine duties of Principal. As noticed hereinbefore, this Court ordered to reinstate the petitioner taking into account the delay in the matter of finalisation of the disciplinary proceedings initiated against the petitioner. In troth, the W.P.(C) NO.9523 & 18260/2010 3 Manager cannot be saddled with the liability or responsibility for such delay and in fact, it is on account of the inaction on the part of the Regional Deputy Director that the Manager was disabled from concluding the disciplinary proceedings initiated against the petitioner. Order dated 30.3.2010 in W.P.(C).NO.9523/2010 was modified as per order dated 17.6.2010. Later, a memo was filed by the learned Government Pleader in W.P.(C).NO.18260/2010 as directed by this Court. Along with the said memo, a copy of the enquiry report of the Regional Deputy Director, Kozhikode has been produced. It is thus obvious that the Regional Deputy Director has now, completed the disciplinary proceedings and submitted his report to the fourth respondent. The disciplinary proceedings initiated against the petitioner can be construed only as a proceedings initiated against her under Rule 75 of Chapter XIV A of the Kerala Education Rules in the light of G.O.(MS).No.235(1)2009/G.Edn. Dated 5.12.2009. In the circumstances, without making any further observation with respect to the merits of the rival contentions, these Writ Petitions are disposed of with a direction to the Corporate Manager of the CSI Diocesan schools (in Malabar and Vayanad area), Kozhikode to finalise the disciplinary proceedings initiated against the petitioner after furnishing a copy of the enquiry report submitted by the Regional Deputy Director to her and W.P.(C) NO.9523 & 18260/2010 4 obtaining her explanation thereon in accordance with law, within a period of two months from the date of receipt of a copy of this judgment. The petitioner has yet another grievance. According to her, pursuant to the order of this court dated 30.3.2010, though she was reinstated in service, she has not been disbursed with the salary. In the said context, it is to be taken note of the fact that this Court subsequently modified the said order on 17.6.2010. Taking into account the peculiar facts obtaining in this case, it is ordered that till disciplinary proceedings is completed, as directed above, interim order dated 17.6.2010 will remain in force. However, it will be open to the petitioner to submit a representation before the Regional Deputy director, Kozhikode for the purpose of issuing appropriate directions for the disbursement of salary. The petitioner shall co-operate with the fourth respondent-Manager to conclude the disciplinary proceedings within the time stipulated above. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.9523 & 18260/2010 5 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.9523 & 18260/2010 6