IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 2ND DECEMBER 2010 / 11TH AGRAHAYANA 1932 WP(C).No. 36029 of 2010(C) -------------------------- PETITIONER(S): --------------- 1. K.VENUGOPALAN, HEADMASTER, GOVT. L.P.S., NEDUMKAITHA, ATTINGAL, THIRUVANANTHAPURAM. 2. B.CHANDRABABU NAIR, P.D.TEACHER, GOVT. L.P.S.PARAPPIL, PALODE, THIRUVANANTHAPURAM. BY ADV. SRI.S.MOHANDAS SRI.V.B.PREMACHANDRAN RESPONDENT(S): --------------- 1. DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM-695 033. 2. DEPUTY DIRECTOR OF EDUCATION, KILLIPALAM, THIRUVANANTHAPURAM-695 023. 3. ASSISTANT EDUCATIONAL OFFICER, NEDUMANGAD, THIRUVANANTHAPURAM-695 541. GOVERNMENT PLEADER SMT.M.R.SREELATHA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 02/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.36029 of 2010 --------------------------------------------- Dated this the 2nd day of December, 2010 JUDGMENT The petitioners, while they were working as Headmaster and PD Teacher respectively in Government L.P.School, Nedumangad, were placed under suspension as per Exhibit P5 order dated 17.5.2010 issued by the Deputy Director of Education. Criminal cases were initiated against the petitioners under Section 51(A) of the Kerala Police Act and in those cases, the petitioners were acquitted under Section 256(1) of Crl.P.C., on 28.4.2010. It is stated that the petitioners were reinstated in service as per Exhibits P6 and P7 orders. However, they were transferred to Ponmudi Government U.P. School and Parappil Government L.P.School respectively. The first petitioner was again transferred to Government L.P. School, Nedumkaitha, Attingal, as per Exhibit P8 order dated 16.7.2010 issued by the Deputy Director of Education. 2. The learned counsel for the petitioners submitted WPC No.36029/2010 2 that though the petitioners were suspended as per Exhibit P5 order dated 17.5.2010, no memo of charges was issued to them till date. The first petitioner submitted Exhibit P12 representation dated 26.10.2010 and Exhibit P13 representation dated 12.11.2010 before the Director of Public Instruction requesting to regularise the period of suspension and to close the proposed disciplinary proceedings. It was also prayed that the first petitioner may be reposted at Government L.P. School, Nedumangad. The second petitioner submitted Exhibit P14 representation dated 27.10.2010 and Exhibit P15 representation dated 12.11.2010 before the Director of Public Instruction making similar request. Exhibits P12 to P15 are pending disposal. 3. Though several reliefs are prayed for in the Writ Petition, the learned counsel for the petitioners submitted that for the time being, the petitioners would be satisfied, if Exhibits P12 to P15 representations are disposed of by the Director of Public Instruction expeditiously. 4. Heard the learned counsel for the petitioners and the WPC No.36029/2010 3 learned Government Pleader. In the facts and circumstances of the case, the Writ Petition is disposed of directing the Director of Public Instruction to dispose of Exhibits P12 and P13 representations submitted by the first petitioner and Exhibits P14 and P15 representations submitted by the second petitioner, 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 petitioners. The petitioners shall produce a copy of the Writ Petition and certified copy of the judgment before the Director of Public Instruction. K.T.SANKARAN JUDGE csl