IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR FRIDAY, THE 29TH JULY 2011 / 7TH SRAVANA 1933 WP(C).No. 2529 of 2011(M) ------------------------- PETITIONER: --------------- E.K.SASEENDRA VARMA RAJA S/O.KRISHNAN NAMBOOTHIRI, TEACHER, K.R.HIGH SCHOOL PURAMERI,VARANAKKAD ILLAM, PO.MANDOOR, PALATHARA, KANNUR DISTRICT. BY ADV. SRI.P.S.SREEDHARAN PILLAI RESPONDENT(S): ------------------------ 1. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE, PIN 673 001. 2. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA, KOZHIKODE, PIN – 673 101. 3. THE MANAGER, KADATHANAD RAJAS HIGHER SECONDARY SCHOOL, PO.PURAMERI, PIN – 673 503. 4. THE HEADMISTRESS, KADATHANAD RAJAS HIGHER SECONDARY SCHOOL, PO.PURAMERI, PIN 673 503. BY GOVT.PLEADER SMT.NISHA BOSE FOR R1 & R2 ADV.SHRI DEVAN RAMACHANDRAN FOR R3 ADV. SRI.P.A.AUGUSTINE(AREEKATTEL) FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29/07/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)No.2529/11 PETITIONER'S EXTS: EXT.P1: COPY OF NOTICE DT.14.10.10. EXT.P2: COPY OF REPLY DT.14.10.10. EXT.P3: COPY OF NOTICE DT.19.10.10. EXT.P4: COPY OF REPLY DT.20.10.10. EXT.P5: COPY OF ORDER OF SUSPENSION DT.3.1.11. EXT.P6: COPY OF ORDER DT.15.7.10 IN I.A.No.2576/10 IN A.S.NO.143/94 OF THIS COURT. EXT.P7: COPY OF MEMO OF CHARGES DATED 16.5.11 EXT.P8: COPY OF REPLY DT.6.6.11 RESPONDENTS' EXTS: EXT.R1(A): COPY OF COMPLAINT RECEIVED FROM MS.AMBILI R.K. EXT.R1(B): COPY OF COMPLAINT RECEIVED FROM AMRITHA VARMA E.K. EXT.R1(C): COPY OF ORDER OF THE MANAGER DATED 17.1.11. EXT.R1(D): COPY OF THE MINUTES OF THE MEETING ON 26.12.10. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.2529 Of 2011-M -------------------------------------------------- DATED THIS THE 29TH DAY OF JULY, 2011 J U D G M E N T The petitioner herein is a Lower Grade Hindi Teacher, who is now under suspension. Exhibit P5 is the copy of the said order dated 3.1.2011. The suspension is ordered pending disciplinary proceedings against him. The 3rd respondent moved the 2nd respondent for continuance of suspension, which is permitted as per Exhibit P6 order. The same is under challenge in this Writ Petition. 2. The 3rd respondent has filed a detailed counter affidavit. It is evident from the said counter affidavit that the memo of charges have been issued. 3. Along with a reply affidavit, the petitioner has produced the copy of the memo of charges as per Exhibit P8 and the explanation as per Exhibit P9. 4. The learned counsel for the petitioner submitted that the Manager and the Departmental Officers could be directed to complete the disciplinary proceedings within a time frame. W.P.(C)No.2529/11 -2- 5. The procedure is covered by Rule 75 of Chapter XIV-A KER. Herein, going by the reply affidavit, the explanation of the petitioner has been submitted on 6.6.2011. Therefore, the Manager will have to take steps under Rule 75(1)(a) and will have to forward the records of the case to the Educational Officer concerned under sub-rule (1)(b) of Rule 75. Thereafter a formal enquiry will have to be conducted by the Officer concerned. In that view of the matter, the Manager will take steps under Rule 75(1)(a) & (b) and request the Educational Officer concerned to conduct a formal enquiry. The same will thereafter be completed within a period of four months from the date on which the records are received by the Educational Officer. If any further delay occurs in the matter, the petitioner can move the appropriate authority or this Court for appropriate reliefs. The contentions raised here are left open. The Writ Petition is disposed of as above. No costs. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn