IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 28473 of 2009(D) -------------------------------------- PETITIONER: ------------------- SAJI VARGHESE, HEAD MISTRESS, M.I.S.M. U.P. SCHOOL, PENGAD,'KUNDIL PARAMBA, KUNNAMANGALAM WEST P.O., A.R. NAGAR, RESIDING AT HAFZA QUARTERS, KUNNUMPURAM, KUTTOOR NORTH P.O., VIA, A.R. NAGAR, MALAPPURAM DIST. BY ADVS. MR.T.RAMPRASAD UNNI, SMT.SMITHA GEORGE. RESPONDENTS: ------------------------ 1. THE SECRETARY TO GENERAL EDUCATION (B) DEPARTMENT, GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, VENGARA, MALAPPURAM DIST. 3. THE MANAGER, M.I.S.M.U.P. SCHOOL, PENGAD KUNDIL PARAMBA, P.O KUNNAMANGALAM WEST, (VIA) A.R. NAGAR, VENGARA SUB DISTRICT, MALAPPURAM DIST- 676 305. R1 & R2 BY GOVERNMENT PLEADER MR. SANDESH RAJA, R3 BY ADVS. MR.V.A.MUHAMMED, MR.K.E.HAMZA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.28473/2009-D: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER DTD. 20/08/2009 PASSED BY THE MANAGER OF THE SCHOOL, REINSTATING THE PETITIONER BACK IN SERVICE BUT REVERTING HER AS A TEACHER. EXT.P.2: COPY OF THE REVISION PETITION SUBMITTED ON 22/09/2009 BY THE MANAGER. EXT.P.3: COPY OF THE PROCEEDINGS OF THE R.1. O EXT.P.2. REVISION. EXT.P.4: COPY OF THE ORDER OF THE MANAGER TO THE PETITIONER EXTENDING THE SUSPENSION FROM 06/08/2009 TILL THE REVISION PETITION IS DISPOSED OFF. EXT.P.5: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER BEFORE THE ASSISTANT EDUCATIONAL OFFICER TO TAKE APPROPRIATE ACTION PURSUANT TO THE DIVISION BENCH DECISION AND PERMIT HER TO JOIN DUTY. EXT.P.6: COPY OF THE APPLICATION ON 29/09/2009 SUBMITTED BY THE PETITIONER SEEKING THE INTERVENTION OF THE ASSISTANT EDUCATIONAL OFFICER TO PERMIT HER JOIN DUTY. RESPONDENTS' EXHIBITS: EXT.R3.A: COPY OF THE PROCEEDINGS OF THE MANAGER DTD 22/07/2009. EXT.R3.B: COPY OF THE CHARGE MEMO ALONG WITH STATEMENT OF ALLEGATIONS DTD. 22/07/2009. EXT.R3.C: COPY OF THE NO.C/3596/2008/L. DIS. OF THE ASST. EDL. OFFICER DTD. 29/04/2008. EXT.R3.D: COPY OF THE LETTER NO. H2/23733/07/DPI/L. DIS. OF THE DIRECTOR DTD. 18/07/2008. EXT.R3.E: COPY OF THE ORDER NO. C/190/04 OF THE ASST. EDUCATIONAL OFFICER DTD 06/04/2008. EXT.R3.F: COPY OF THE LETTER OF THE HEADMISTRESS DTD. 12/09/2007. EXT.R3.G: COPY OF THE LETTER OF THE MANAGER DTD. 22/07/2009. EXT.R3.H: COPY OF THE ORDER NO. C/6165/09 OF THE ASST. EDUCATIONAL OFFICER DTD. 05/08/2009. EXT.R3.I: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO.15022/2008-L DTD 08/08/2008. W.P.(C). NO.28473/2009-D: EXT.R3.J: COPY OF THE ORDER NO. G(2)/74563/2008/DPI/K. DIS. OF THE DIRECTOR DTD. 25/05/2009. EXT.R3.K: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.A. NO. 754/1983 DTD. 13/02/1986. EXT.R3.L: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.P.(C). NO.22672/2009-D DTD. 10/08/2009. EXT.R3.M: COPY OF THE JUDGMENT OF THIS HONOURABLE COURT IN W.A. NO. 1924/2009 DTD. 26/08/2009. EXT.R3.N: COPY OF THE PETITION FOR STAY DTD. 22/09/2009. EXT.R3.O: COPY OF THE LETTER OF THE PETITIONER DTD. 27/07/2009. EXT.R3.P: COPY OF THE LETTER OF THE MANAGER DTD. 10/08/2009. //TRUE COPY// P.A. TO JUDGE. Prv. S.SIRI JAGAN, J. --------------------------- W.P.(C) No. 28473 OF 2009 -------------------------- Dated this the 28th day of January, 2010 J U D G M E N T The petitioner challenges the disciplinary proceedings initiated against him including suspension. On 30.10.2009, this Court passed the following interim order in this writ petition. “The prayer in this Interlocutory Application is to pass an order that pending disposal of the writ petition, the petitioner cannot be forced to hand over charge as she is continuing as Headmistress without being permitted to join duty as from 22.07.2009 there is no valid order of suspension and which had been cancelled by the Manager himself. 2. Heard the learned senior counsel appearing for the petitioner and the learned counsel appearing for the Manager. While admitting the writ petition, this Court directed to maintain the status quo as on that day for a period of one week. It stands extended by later orders. 3. The petitioner has filed this I.A in the light of the fact that the Manager has passed Exhibit P4 order whereby the order of suspension stands extended pending the revision filed by the Manager against Exhibit R3(H). Learned senior counsel for the petitioner Sri.Ramakumar submitted that the initial period of suspension was only for 15 days from 22.07.2009 and the order of stay passed by the Government is only from 30.09.2009 and going by the deeming provision contained in Rule 67(8) of Chapter XIV- A of Kerala Education Rules, the petitioner should be deemed to be reinstated in service and therefore, the Manager cannot, as a matter of fact, compel the petitioner to hand over the records. 4. Whether the petitioner is entitled to be reinstated in service automatically based on the order passed by the Assistant Educational Officer and in the light of the fact that the period of suspension was over in spite of the order of stay passed by the Government is a matter to be decided in W.P.(C) No. 28473/09 2 the writ petition. 5. Learned senior counsel for the petitioner fairly submitted that the petitioner does not want to keep the records but he will hand over the records of the school to the Assistant Educational Officer so that the staff members and the students are not put into any difficulty. 6. In the light of the above, pending further orders to be passed in the writ petition, the petitioner will hand over the following records relating to the school which the petitioner is in possession as on today to the Assistant Educational Officer: i) Cash Book ii) Service book iii) Admission Register iii) T.C Book iv) Pass Book relating to P.T.A fund 7. Learned senior counsel for the petitioner submitted that if the records are handed over to the Manager, there is very possibility of manipulation of records and therefore, some safeguards should be provided in the matter. Therefore, the records namely, Cash Book and other books relating to the funds of the school will be retained by the Assistant Educational Officer in safe custody without handing over the same to the Manager. The petitioner will produce the records before the Assistant Educational Officer within a period of three days. It is made clear that the handing over of the records as ordered above will be without prejudice to the contention raised by the petitioner that the petitioner will be deemed to have been reinstated in service in the light of the legal fiction provided under sub rule 8 of Rule 67 of Chapter XIV-A KER. There is also an apprehension expressed by the petitioner that due to the pressure exerted by the Manager, the Police is proposing to take action against the petitioner for not handing over the records to him. In the light of the order that is passed by this Court as above, it is not necessary for the Police to proceed with any complaint in regard to the same.” 2. Since the disciplinary proceedings cannot be protracted further, I directed the learned Government Pleader and the learned W.P.(C) No. 28473/09 3 counsel for the second respondent to get instructions as to what they propose to do to complete the disciplinary proceedings initiated against the petitioner. Today, both submit before me that disciplinary proceedings can be concluded within a time frame as directed by this Court. In the above circumstances, the writ petition is disposed of with the following directions: (i) The second respondent shall complete the enquiry in the disciplinary proceedings initiated against the petitioner as expeditiously as possible, at any rate, within one month from the date of receipt of a copy of this judgment after affording adequate opportunity to the petitioner to defend himself in the enquiry and forward the report to the third respondent within one week therefrom. (ii) The third respondent manager shall complete further proceedings pursuant thereto within another month. The AEO shall retain all the records as directed in the interim order dated 30.10.2009 until the entire proceedings are completed. S.SIRI JAGAN, JUDGE vps