IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 6TH JUNE 2011 / 16TH JYAISHTA 1933 WP(C).No. 7509 of 2011(K) ---------------------- PETITIONER : --------------------- 1. THOMAS C. CHARLY, PEON, B.E.M.U.P. SCHOOL, OTTAPPALAM, PALAKKAD DISTRICT. BY ADV. SRI.V.RAJENDRAN RESPONDENTS : ----------------------- 1. THE CORPORATE MANAGER, ALL C.S.I. SCHOOLS IN MALABAR & WAYNAD, BANK ROAD, CALICUT-673001. 2. THE HEADMASTER, B.E.M.U.P. SCHOOL, OTTAPPALAM P.O. - 679 101. 3. ASSISTANT EDUCATIONAL OFFICER, OTTAPPALAM P.O. - 679101. 4. DISTRICT EDUCATIONAL OFFICER, OTTAPPALAM P.O. - 679 101. R1 & R2 BY ADV. SRI. V.A. MUHAMMED R2 BY ADV. SRI. M. SAJJAD R3 & R4 BY GOVT. PLEADER SRI. T.T. MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 06/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Mn ...2/- WP(C).No. 7509 of 2011(K) APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : COPY OF ORDER NO. CM/DS.UPS 13/08 DATED 14.11.2008 OF THE 1ST RESPONDENT. EXT.P2 : COPY OF STATEMENT DATED 22.11.2010 FILED BY THE PETITIONER BEFORE THE A.E.O. OTTAPALAM. EXT.P3 : COPY OF ORDER NO. B4/2724/10 DATED 29.1.2011 OF THE D.E.O. OTTAPALAM. RESPONDENT'S EXHIBITS: EXT.R1(a) : COPY OF THE PAPER REPORT (MATHRUBHOOMI DAILY). EXT.R1(b) : COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT BY THE MANAGER. //TRUE COPY// P.A. TO JUDGE Mn T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No. 7509 of 2011-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 6th day of June, 2011. JUDGMENT The petitioner who was working as a Full Time Menial under the first respondent, approached this Court for implementation of Ext.P3 order by which he was directed to be retained in service by the District Educational Officer, after cancelling the order by which the Manager removed him from service. 2. Learned counsel for the Manager pointed out that the Manager has already challenged Ext.P3 before the revisional authority, as evident from Ext.R1(b). 3. It is submitted by the learned counsel for the petitioner that the Manager passed Ext.P1 order removing the petitioner from service without conducting a due enquiry by the Asst. Educational Officer in terms of the rules. Regarding the said aspect, there is no dispute. 4. Both parties agree that a proper enquiry can be conducted by the Asst. Educational Officer within a specified time. Therefore, the writ petition is disposed of with the following directions: 5. Exts.P1 and P3 orders are quashed. There will be a direction to wpc 7509/2011 2 the Asst. Educational Officer to conduct the enquiry as contemplated under Rule 75 of Chapter XIV-A K.E.R. and furnish a report to the Manager within six weeks from today. The Manager will complete the disciplinary proceedings, within one month thereafter. No costs. (T.R. Ramachandran Nair, Judge.) kav/