IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 15TH OCTOBER 2008 / 23RD ASWINA 1930 WP(C).No. 30307 of 2008(G) -------------------------- PETITIONER(S): ------------------ E.B.VIJU, W/O.C.R.VINODKUMAR, EDAYODIYIL HOUSE, PADINJATTINGKARA P.O, KADAPLAMATTOM VIA KOTTAYAM (TEACHER-IN-CHARGE, HAJI K.H.KHAN MEMORIAL KADUKKAMALA LOWER PRIMARY SCHOOL, PONKUNNAM) BY ADV. SRI.S.SUBHASH CHAND RESPONDENT(S): ------------------- 1. DEPUTY DIRECTOR (EDUCATION), OFFICE OF THE DEPUTY DIRECTOR (EDUCATION) KOTTAYAM. 2. MANAGER, HAJI K.H.KHAN MEMORIAL KADUKKAMALA L.P.SCHOOL, PONKUNNAM. 3. BISNI SEBASTIAN, LPSA, HAJI K.H.KHAN MEMORIAL KADUKKAMALA L.P. SCHOOL, PONKUNNAM. GOVT.PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 30307 OF 2008 G = = = = = = = = = = = = = = = Dated this the 15th day of October 2008 J U D G M E N T Petitioner is a teacher in charge of the school of which the 2nd respondent is the Manager. Based on a complaint made by the 3rd respondent, the 1st respondent has issued a show cause notice to the petitioner to which Ext. P2 reply was given. Thereafter, the 1st respondent has issued Ext. P3 to the Manager directing him to take disciplinary action against the petitioner under Chapter IX, Rule 11 and aggrieved by Ext. P3 this writ petition has been filed. 2. The main contention raised by the petitioner is that Ext. P3 has the effect of a binding direction requiring the Manager to initiate disciplinary action against the petitioner. This contention of the petitioner is sought to be contradicted by the learned Govt. Pleader contending that Ext. P3 is only an intimation to the Manager and at this stage, the Manager has to apply his mind and take a decision in the matter. W.P.(C) No.30307 OF 2008 -2- 3. From the submission of the learned Govt. Pleader it is evident that though the apprehension which led the petitioner to file this writ petition is that Ext. P3 will be a binding direction, but it is only an intimation to the Manager. Recording the aforesaid submission of the learned Govt. Pleader and clarifying that at this stage it is primarily for the Manager to take a decision in this matter, the writ petition is disposed of. ANTONY DOMINIC JUDGE jan/-