IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 27TH JULY 2010 / 5TH SRAVANA 1932 WP(C).No. 23392 of 2010(Y) -------------------------- PETITIONER(S): --------------- V.N.BHASKARAN, S/O.NARAYANAN NAIR, AGED 53 YEARS, HEADMASTER, (UNDER SUSPENSION), HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-VADAKKEKAD (RESIDING AT NARAYANEEYAM, NHAMANGAT-679 563, THRISSUR DISTRICT). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMSA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT-680 003. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD-680 506, THRISSUR DISTRICT. 5. THE MANAGER, HIGH SCHOOL, THIRUVALAYANNUR, POST KALLUR-VADAKKEKAD-679 562, THRISSUR DISTRICT. GOVERNMENT PLEADER SRI.DILIP MOHAN-R1 TO R4 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27/07/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. -------------------------------------------- W.P.(C). NO.23392 OF 2010 -------------------------------------------- Dated this the 27th day of July, 2010 JUDGMENT The petitioner, while working as Headmaster in Thiruvalayannur High School was placed under suspension as per Ext.P1 order dated 7.11.2008 based on the allegation of misappropriation of fund allotted as part of the Noon Meal Programme. The allegation that he was detained under police custody in connection with a criminal case for 24 hours was the other reason for the said suspension. However, pursuant to Ext.P10 order dated 26.1.2009, the petitioner was reinstated in service. The contention of the petitioner is that reinstatement was ordered as per Ext.P10 on arriving at a conclusion that continuance of suspension is wholly unwaranted. However, the second respondent has now issued Ext.P11 order suspending him from service based on the same set of facts disregarding the aforesaid specific observation in Ext.P10. Raising all such contentions, the petitioner has approached the first respondent by filing Ext.P15 revision petition. It is dated 19.7.2010. In fact, in terms of paragraph 17 of the Manual for Disciplinary Proceedings, the respondents W.P.(C) NO.23392/2010 2 are bound to review the said order of suspension on expiry of six months. The petitioner was placed under suspension as per Ext.P11 order dated 4.2.2010. Taking into account all the aforesaid circumstances, this Writ Petition is disposed of with a direction to the first respondent to consider and pass orders on Ext.P15 revision petition submitted by the petitioner expeditiously, at any rate, within a period of three weeks from the date of receipt of a copy of this judgment. (C.T. RAVIKUMAR, JUDGE) spc W.P.(C) NO.23392/2010 3 C.T. RAVIKUMAR, J. W.P.(C). NO. /2010 JUDGMENT June, 2010 W.P.(C) NO.23392/2010 4