IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 8TH JANUARY 2009 / 18TH POUSHA 1930 WP(C).No. 593 of 2009(U) PETITIONER: --------------- MANAGER, A.M.U.P. SCHOOL, VETTATHOOR P.O. (VIA), MELATTUR, MALAPPURAM DISTRICT. BY ADV. SRI.K.JAJU BABU RESPONDENTS: --------------- 1. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DIST. 2. THE ASST. EDUCATIONAL OFFICER, MELATTUR, MALAPPURAM DIST. 3. SHRI. C.R. NARAYANA PILLAI, HEADMASTER (UNDER SUSPENSION), ILLIMOOTTIL HOUSE, VETTATHOOR P.O., (VIA),MELATTUR, MALAPPURAM DIST. (DELETED) THE THIRD RESPONDENT IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED 8/1/2009 IN I.A.NO.348/2009. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 593 OF 2009 U ------------------------------------------------------ Dated this the 8th January, 2009 JUDGMENT The petitioner is the Manager of A.M.U.P.School, Vettathoor. Serious allegations were made against the Headmaster of the School. Based on Ext.P1 inspection report, the Headmaster was placed under suspension as per the proceedings dated 15.10.2007. A memo of charges was issued to him and the suspension was permitted to be continued beyond fifteen days. It is stated that later, as per a request made to continue the suspension beyond six months, the first respondent passed an order on 12.6.2008 directing the second respondent to conduct enquiry into the charges and permitting continuance of the suspension of the Headmaster till finalization of the disciplinary action. The second respondent conducted a detailed enquiry and submitted a report dated 10.9.2008. It was found that the charges were proved. Notice was issued to the Headmaster. After considering the objection raised by him and after hearing him, another notice was issued proposing a punishment of dismissal from service. Ext.P6 request dated 13.10.2008 was submitted by the petitioner to the District Educational Officer, Wandoor for granting prior sanction as contemplated under Rule 74 of Chapter XIVA of the Kerala Education Rules for imposing the punishment of dismissal from W.P.(C) NO. 593 OF 2009 :: 2 :: service of the Headmaster with effect from the date of suspension. It is also pointed out in Ext.P6 that urgent orders are required in view of the fact that the Headmaster would retire from service shortly. Ext.P6 is pending disposal. 2. The relief prayed for in the Writ Petition is for the issue of a writ of mandamus directing the first respondent to consider and dispose of Ext.P6 request. 3. Learned Government Pleader took notice for respondents 1 and 2 and submitted that the District Educational Officer, Wandoor will dispose of Ext.P6 expeditiously. It is necessary that final orders should be passed by the District Educational Officer on Ext.P6 as required under the relevant rule. In view of the fact that Ext.P6 is pending disposal, I am of the view that appropriate relief can be granted in favour of the petitioner. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The District Educational Officer, Wandoor (first respondent) shall dispose of Ext.P6 dated 13.10.2008 in accordance with law, as expeditiously as possible and, at any rate, before 15.2.2009. W.P.(C) NO. 593 OF 2009 :: 3 :: b) The petitioner shall produce a certified copy of the judgment before the District Educational Officer immediately after receipt of the copy of judgment. c) The petitioner shall also produce a copy of the Writ Petition before the District Educational Officer, Wandoor. (K.T.SANKARAN) Judge ahz/