IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 4TH AUGUST 2010 / 13TH SRAVANA 1932 WP(C).No. 24314 of 2010(L) -------------------------- PETITIONER(S): --------------- T.APPUKUTTAN, AGED 53 YEARS, CLERK, PADANILAM HIGHER SECONDARY SCHOOL, PADANILAM PO, NOORNADU. BY ADV. SRI.R.SUNIL KUMAR SMT.A.SALINI LAL RESPONDENT(S): --------------- 1. DISTRICT EDUCATIONAL OFFICER, OFFICE OF THE DISTRICT EDUCATION OFFICE, MAVELIKKARA. 2. SECRETARY TO GOVERNMENT, DIRECTORATE OF EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. GOVERNMENT PLEADER SRI.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------- W.P.(C) No.24314 of 2010 --------------------------------------- Dated this the 4th day of August, 2010 JUDGMENT The petitioner, while working as clerk in Padanilam Higher Secondary School, was made an accused in C.C.No.320 of 2006 on the file of the court of the Judicial Magistrate of the First Class-I, Mavelikara for an offence under Section 138 of the Negotiable Instruments Act. The learned Magistrate issued a non bailable warrant since the petitioner did not appear. It would appear that the matter was intimated to the school authorities by Ext.P1 communication dated 8.1.2007. The petitioner was directed to be relieved from duty to enable the execution of warrant. Accordingly, it is stated that the petitioner was suspended from service from 22.1.2007 to 16.6.2008. It is also stated that on 9.6.2008, after a long delay, the petitioner surrendered before court and he was enlarged on bail. Thereafter, it is stated that the suspension of the petitioner was revoked and he was reinstated in service. However, in Ext.P2 dated 19.6.2008, issued by the Manager, it was made clear that regularisation of suspension period will be considered after final orders were issued by the court. 2. It is stated that the petitioner was acquitted in the criminal case. The complainant filed a petition for withdrawal of the complaint. That petition was allowed and the petitioner was acquitted under Section 257 of the Code of Criminal Procedure.