IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 29TH AUGUST 2011 / 7TH BHADRA 1933 WP(C).No. 23453 of 2011(F) -------------------------------- PETITIONER: -------------- P.K. MOHANADASAN, HEADMASTER, A.U.P.SCHOOL, IRUMBALASSERI POST, PALAKKAD DISTRICT, PIN – 679 335. BY ADVS. SRI.ELVIN PETER P.J. SRI.T.G.SUNIL (PRANAVAM) SRI.K.R.GANESH RESPONDENTS: ------------------ 1. STATE OF KERALA, REP. BY SECRETARY TO GOVT., GENERAL EDUCATION DEPARTMENT, GOVT. SECRETARIAT, THIRUVANANTHAPURAM – 695 001. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD, PIN – 679 339. 3. THE ASSISTANT EDUCATIONAL OFFICER, SHORNUR, PALAKKAD DISTRICT, PIN – 679 331. 4. MANAGER, A.U.P. SCHOOL, IRUMBALASSERY POST, PALAKKAD DISTRICT, PIN – 679 335. BY SRI. V. VIJULAL, GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.23453/2011 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF ORDER ISSUED BY R4 LAYING DOWN THE CONDUCT RULES TO BE FOLLOWED BY TEACHERS IN A.U.P.SCHOOL, IRUMBALASSERI. EXT. P2 : COPY OF SHOW CAUSE NOTICE DTD. 25.1.11. TO PETITIONER BY R4. EXT. P3 : COPY OF REPLY SUBMITTED BY PETITIONER TO EXT.P2 SHOW CAUSE NOTICE. EXT. P4 : COPY OF SUSPENSION ORDER ISSUED TO PETITIONER BY R4. EXT. P5 : COPY OF ORDER DTD. 11.8.11 ISSUED BY R3. EXT. P6 : COPY OF ORDER DTD. 16.8.11 ISSUED BY R1 TO R2. EXT. P7 : COPY OF ORDER DTD. 16.8.11 ISSUED BY R4. EXT. P8 : COPY OF REVISION PETITION DTD. 12.8.11 FILED BY R4 BEFORE R1. RESPONDENT'S EXHIBITS: NIL. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.23453 OF 2011 --------------------------------------- Dated this the 29th day of August, 2011. J U D G M E N T The petitioner, who is under suspension from the post of Headmaster of the school managed by the 4th respondent, is aggrieved by Ext.P6 interim order passed by the Government while entertaining the revision petition filed by the 4th respondent against Ext.P5 order passed by the Assistant Educational Officer. 2. The order of suspension issued by the Manager was placed before the Assistant Educational Officer for conducting a preliminary investigation and thereafter the Assistant Educational Officer passed Ext.P5 order directing to reinstate the petitioner in service. This is now under challenge before the Government as evident from Ext.P8 revision petition filed at the instance of the Manager. Ext.P6 is the interim order passed by the Government in the revision petition. There is a direction to keep in abeyance Ext.P5 order till the disposal of the revision petition. W.P.(C) No.23453/2011 2 Ext.P6 is addressed to the Deputy Director of Education and he is requested to conduct an enquiry in the matter and submit a report to the Government urgently. This part of the order is under challenge in the writ petition. 3. Heard the learned counsel for the petitioner and the learned Government Pleader. Learned counsel for the petitioner submitted that the Government cannot direct the Deputy Director of Education to conduct an enquiry as now directed in Ext.P6. It is open to the petitioner to raise all the contentions regarding the same before the Government itself by filing a counter affidavit to the revision petition. Learned counsel for the petitioner further submitted that to give a quietus to the issue, the Government may be directed to take a decision on Ext.P8 within a time frame. The said request is only reasonable. Therefore, there will be a direction to the Government to take a decision on Ext.P8, after hearing the petitioner and the Manager as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this W.P.(C) No.23453/2011 3 judgment. The petitioner will forward a copy of this judgment along with a copy of the writ petition for compliance. This writ petition is disposed of as above. T.R. RAMACHANDRAN NAIR JUDGE smp