IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 31ST OCTOBER 2011 / 9TH KARTHIKA 1933 WP(C).No. 28708 of 2011(K) ---------------------------------------- PETITIONER(S): ------------------------- THE MANAGER, EASWARA VILASOM HIGHER SECONDARY SCHOOL, NEDUVATHOOR, KOTTARAKKARA, KOLLAM. BY ADVS. SRI.V.A.MUHAMMED, SRI.M.SAJJAD. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT,THIRUVANANTHAPURAM-695 001. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, THIRUVANANTHAPURAM-695 014. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOLLAM DISTRICT-691 001. 4. THE DISTRICT EDUCATIONAL OFFICER, KOTTARAKKARA, KOLLAM DISTRICT-691 506. R1 TO R4 BY SR. GOVERNMENT PLEADER SRI. M.A. FAYAZ THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/10/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.28708/2011 K APPENDIX PETITIONER'S EXHIBITS: EXT.P1 : TRUE COPY OF THE ORDER NO.1/10 OF THE MANAGER DTD. 30/08/2010. EXT.P2 : TRUE COPY OF THE G.O.(RT)NO.4576/2010/G.EDN. OF THE GOVERNMENT DTD. 25/10/2010. EXT.P3 : TRUE COPY OF THE JUDGMENT IN WPC NO.28985/2010-W DTD. 15/12/2010. EXT.P4 : TRUE COPY OF THE ORDER IN WA NO.2129/2010 DTD. 20/01/2011. EXT.P5 : TRUE COPY OF THE ENQUIRY REPORT NO.VI/73107/2010/DPI OF THE 2ND RESPONDENT DTD. 04/04/2011. EXT.P6 : TRUE COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT DTD. 27/09/2011. EXT.P7 : TRUE COPY OF THE G.O.(RT)NO.3403/2011/G.EDN. OF THE GOVERNMENT DTD. 22/08/2011. EXT.P8 : TRUE COPY OF THE HEARING NOTICE NO.B4/15058/10 OF THE DEPUTY DIRECTOR DTD. 20/10/2011. EXT.P9 : TRUE COPY OF THE ENQUIRY REPORT DTD. 27/03/2009. EXT.P10: TRUE COPY OF THE G.O.(RT)NO.2701/2009/G.EDN. OF THE GOVT. DTD. 03/07/2009. RESPONDENTS' EXHIBITS: N I L /TRUE COPY/ P.S.TO JUDGE Kss T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.28708 of 2011-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of October, 2011. JUDGMENT This writ petition is filed by the petitioner aggrieved by the notice issued by the Deputy Director of Education. 2. Based on an interim order passed by the Division Bench, Ext.P4, an enquiry has been conducted by the Director of Public Instruction and a copy of the report has been produced as Ext.P5. Challenging the report, the petitioner has filed Ext.P6 revision petition before the Government. Ext.P7 is the order passed by the Government directing the Deputy Director of Education to take appropriate action against the Manager, viz. the petitioner herein, as per the provisions under Rule 7 of Chapter III K.E.R. and to finalise the same after hearing the petitioner and after observing all procedural formalities. The Government has directed the Deputy Director of Education to furnish a report in the matter in due course. It is thereafter that a hearing notice was issued by the Deputy Director as per Ext.P8. 2. Heard learned counsel for the petitioner and learned Government Pleader. 3. Learned Government Pleader submitted that the hearing proposed as per Ext.P8 has been adjourned. W.A. Nos.2129/2010 and W.P.(C) wpc 28708/2011 2 No.6998/2011 has been disposed of by the Division Bench by judgment dated 20.10.201. The appellant in the writ appeal is the petitioner in the present writ petition. He has sought for withdrawal of the writ appeal as well as the writ petition which was permitted by the Bench as per the judgment. The said judgment is extracted below: “The appellant's counsel sought permission to withdraw the Writ Appeal and also the Writ Petition. The learned counsel appearing for the respondents submitted that pursuant to interim order issued by this Court enquiry was conducted by DPI wherein irregularities and misbehaviour by the Manager were found out. Government has now issued notice proposing action against the Manager who is the petitioner/appellant in the petitions now sought to be withdrawn. We permit withdrawal of the W.P.(C) and Writ Appeal leaving freedom to the Government to take action against the Manager based on the report of the DPI after hearing his objections. Writ Appeal and Writ Petition are dismissed as withdrawn but with the above observations.” In the light of the above, at this stage this Court need not issue any fresh direction. The writ petition is accordingly disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/