IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 19TH SEPTEMBER 2008 / 28TH BHADRA 1930 WP(C).No. 33698 of 2007(J) ---------------------------------------- PETITIONER: --------------------- SAJI VARGHESE,HEAD MASTER, M.I.S.M. U.P.SCHOOL, PENGAD KUNDIL PARAMBA,KUNNAMANGALAM WEST PO., A.R.NAGAR RESIDING AT HAFZA QUARTERS,KUNNUMPURAM KUTTOOR NORTH PO, VIA, A.R. NAGAR, MALAPPURAM DISTRICT. BY ADV. SRI.K.RAMAKUMAR (SR.) SRI.R.JAYACHANDRAN RESPONDENTS: ------------------------- 1. THE SECRETARY TO THE GENERAL EDUCATION (B) DEPARTMENT GOVERNMENT OF KERALA, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. THE ASSISTANT EDUCATIONAL OFFICER, VENGARA, MALAPPURAM DIST. 4. THE MANAGER,M.I.S.M. UP SCHOOL PENGAD KUNDIL PARAMBA, VENGARA SUB DISTRICT, MALAPPURAM. GOVERNMENT PLEADER SMT. T.B. REMANI FOR R1-3 ADV. SRI.V.A.MUHAMMED FOR R4 SRI.K.E.HAMZA FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/09/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss WPC.NO.33698/2007 J APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DTD.8/11/2006 IN R.P.NO.772 OF 2006. EXT.P2: COPY OF THE OBJECTION SUBMITTED BEFORE THE GOVERNMENT BY THE PETITIONER DTD. 18/08/2006. EXT.P3: COPY OF THE MEMO DTD. 1/11/2007 RECEIVED BY THE PETITIONER FROM R4. EXT.P4: COPY OF THE ENQUIRY REPORT SUBMITTED BY THE ENQUIRY OFFICER. EXT.P5: COPY OF THE ORDER NO.G.O.(RT) 4862/07/G.EDN. DTD. 23/10/2007. RESPONDENT'S EXHIBITS: EXT.R4(A): COPY OF THE COMPLAINT FILED BEFORE THE ASST.EDL.OFFICER DTD. 20/11/2005. EXT.R4(B): COPY OF THE ...DO.... BY THE P.T.A. PRESIDENT DTD. 14/01/2004. EXT.R4(C): COPY OF THE PETITION FILED BEFORE THE DY.S.P. MALAPPURAM DTD. 29/03/2004. EXT.R4(D): COPY OF THE AUDIT REPORT DTD. 17/03/2004. EXT.R4(E): COPY OF THE PETITION FILED BEFORE THE SUB INSPECTOR OF POLICE DTD. 03/05/2004. EXT.R4(F): COPY OF THE COMPLAINT FILED BEFORE THE ASST.EDL.OFFICER DTD. 08/06/2004. EXT.R4(G): COPY OF THE AUDIT REPORT OF THE DY.DIRECTOR DTD. NIL. EXT.R4(H): COPY OF THE MEMO OF CHARGE DTD. 12/10/2004. EXT.R4(I): COPY OF THE ADDL.MEMO OF CHARGES DTD. 08/11/2004. EXT.R4(J): COPY OF THE REQUEST OF THE MANAGER DTD. 01/12/2004. Kss ..2/- ..2.... WPC.NO.33698/2007 J EXT.R4(K): COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN WP9C) NO.1987/2005-J DTD. 19/01/2005. EXT.R4(L): COPY OF THE REPORT OF THE ASST.EDL.OFFICER DTD. 17/08/2005. EXT.R4(M): COPY OF THE DECISION REPORTED IN 1987(1) K.L.T. 301 DTD. 14/11/1986. EXT.R4(N): COPY OF THE ADDL.REPLY AFFIDAVIT FILED IN WP(C) NO.26915/2004 DTD. 13/08/2006. EXT.R4(O): COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A.NO.754/1983 DTD. 13/02/1986. EXT.R4(P): COPY OF THE DECISION REPORTED IN 2005 (3) S.C.C.254 DTD. 27/09/2004. EXT.R4(Q): COPY OF THE DECISION REPORTED IN 2006 (2) S.C.C.255 DTD. 23/01/2006. EXT.R4(R): COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A.NO.579/2004 DTD. 18/03/2004. EXT.R4(S): COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN O.P.NO.25214/1998 B DTD. 19/01/2006. EXT.R4(T): COPY OF THE LETTER OF THE MANAGER DTD. 12/11/2007. EXT.R4(U): COPY OF THE DECISION REPORTED IN 2007 (1) K.H.C.645 DTD. 01/01/2007. EXT.R4(V): COPY OF THE NOTICE NO.9401/B1/06/G.EDN. OF THE GOVERNMENT DTD. 16/01/2007. EXT.R4(W): COPY OF THE MINUTES OF THE GOVT. DTD. 19/02/2007. EXT.R4(X): COPY OF THE LETTER NO.24625/B1/08/G.EDN. OF THE GOVERNMENT DTD. 25/04/2008. EXT.R4(Y): COPY OF THE ORDER NO.C/3596/2008/D.DIS. OF THE ASST.EDL.OFFICER DTD. 29/04/2008. RESPONDENT'S ANNEXURE: ANNEXURE R19C): COPY OF THE RELEVANT PAGE FROM THE OFFICE FILE SHOWING PROCEEDINGS DTD. 19/02/2007. /TRUE COPY/ P.S.TO JUDGE Kss ANTONY DOMINIC, J. -------------------------------------------------------- W.P.(C) 33698 of 2007 -------------------------------------------------------- Dated: SEPTEMBER 19, 2008 JUDGMENT Ext.P5 is under challenge. The matter relates to a disciplinary action initiated against the petitioner. It is stated that initially an enquiry was conducted by the AEO and a revision was filed by the Manager before the Government, during the pendency of which, on the orders of the Government, the Deputy Director of Education also conducted a de novo enquiry and submitted a report to the Government. Ultimately the revision was disposed of by Ext.P5 directing that the Manager shall conclude the disciplinary proceedings, but however, without specifying as to which report is to be followed. It would appear that on the basis of Ext.P3, notice was issued and at that stage petitioner has filed this writ petition challenging Ext.P5 order passed by the Government in revision. 2. I have heard the learned counsel for the petitioner, WP(C) 33698/07 2 the learned Government Pleader and also the learned counsel for the 4th respondent. 3. Having gone through Ext.P5 order passed by the Government, I am satisfied that the order is a laconic one and there has not been any consideration of the issues raised by the parties. 4. For that reason Ext.P5 is set aside and I dispose of this writ petition directing that the 1st respondent shall take up, reconsider and pass orders on the petition dated 30.1.2006 received from the Manager of M.I.S.M. U.P. School, on which Ext.P5 order has been passed. This shall be done as expeditiously as possible, and at any rate within three months of receipt of a copy of this judgment, with notice to all concerned. ANTONY DOMINIC, JUDGE mt/-