IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 5TH FEBRUARY 2008 / 16TH MAGHA 1929 WP(C).No. 709 of 2008(H) ------------------------ PETITIONER: ------------ VALSAMMA SKARIA, H.S.A.,ST.MARY'S HIGH SCHOOL, (UNDER SUSPENSION), PATHANAMTHITTA 689 645. BY ADV. SRI.MVS.NAMBOOTHIRY RESPONDENTS: ------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, PATHANAMTHITTA. 3. DR.T.A.GEORGE MANAGER, ST.MARY'S H.S. PATHANAMTHITTA - 689 645. 4. THE HEADMISTRESS MANAGER, ST.MARY'S HIGH SCHOOL, PATHANAMTHITTA. BY ADV. SRI.V.PHILIP MATHEW SENIOR GOVERNMENT PLEADER, SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/02/2008, ALONG WITH WPC NO. 2741 OF 2008 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 709/2008/H APPENDIX PETITIONER'S EXHIBITS: EXT. P1: COPY OF THE COMPLAINT DT. 24-7-2007. EXT. P2: COPY OF THE SENIORITY LIST. EXT. P3: COPY OF THE WRITTEN ARGUMENT NOTE. EXT. P4: COPY OF THE PETITION DT. 21-11-2007. EXT. P5: COPY OF THE COMPLAINT FILED TO THE CIRCLE INSPECTOR. EXT. P6: COPY OF THE APPEAL FILED BEFORE THE DY. DIRECTOR. EXT. P7: COPY OF GO.(RT) NO.1056/01/G.EDN. DT. 17-3-01. EXT. P8: COPY OF LETTER DATED 26-11-07. EXT. P9: COPY OF THE SPECIMEN APPLICATION. EXT. P10: COPY OF THE LETTER ISSUED BY THE DEO. EXT. P11: COPY OF THE APPEAL MEMO. EXT. P12: COPY OF THE MEMO OF CHARGES DT. 10-12-07. EXT. P13: COPY OF THE REPLY. EXT. P14: COPY OF THE SUSPENSION ORDER NO.MOSM/179/07 DT. 18-12-2007. EXT. P15: COPY OF THE JUDGMENT IN W.P.NO.38198 OF 2007. EXT. P16: COPY OF THE LETTER ISSUED BY THE DEO. EXT. P17: COPY OF THE APPLN. SUBMITTED BY THE PETITIONER. EXT. P18: COPY OF THE ORDER DT. 2-1-2008 ISSUED BY THE MANAGER. /TRUE COPY/ P.A. TO JUDGE JP S.SIRI JAGAN, J. ======================= W.P.(C) No.709 & 2741 of 2008 ======================= Dated this the 5th day of February, 2008 JUDGMENT W.P.(C) No.709 of 2008 is filed by a teacher of the 3rd respondent's school, who has been suspended from service, challenging the continuance of suspension on the ground that prior approval was not obtained from the DEO for continuance of the suspension. While admitting the writ petition, I granted interim stay of continuance of suspension of teacher. W.P.(C) No.2741/2008 is filed by the manager who suspended the teacher, for a direction to the 2nd respondent to pass orders in terms of Rule 67(8) of Chapter XIV A and also to direct the 2nd respondent to complete the enquiry against the 3rd respondent based on the charge sheets issued. I am of the opinion that in the facts and circumstances of the case, these two writ petitions can be disposed of directing the DEO to complete the enquiry under Rule 75 of Chapter XIV A and forward the report of the manager for completing the disciplinary proceedings initiated W.P.(C) No.709 & 2741/2008 -2- against the teacher. Accordingly, these writ petitions are disposed of directing the District Educational Officer Pathanamthitta to complete the enquiry against the teacher namely, Smt.Valsamma Skaria under Rule 75 of Chapter XIV of the KER in accordance with the charge sheets forwarded by the manager, if the manager had complied with all the procedural formalities. The enquiry shall be completed and the report forwarded to the manager within three months from the date of receipt of a copy of this judgment. Thereafter the manager shall complete further proceedings within another two months. In the meanwhile the interim order passed in WP(C) No. 709 of 2008 shall continue to be in force. S.SIRI JAGAN, JUDGE jp