IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC FRIDAY, THE 3RD OCTOBER 2008 / 11TH ASWINA 1930 W.P(C).No. 29188 of 2008(Y) ---------------------------------- PETITIONER(S): ------------------ D. RADHA, PHYSICAL EDUCATION TEACHER, M.V. HIGHER SECONDARY SCHOOL, ARUMANOOR.P.O, NEYYATTINKARA. BY ADV. SRI.P.K. VIJAYAMOHANAN RESPONDENT(S): ------------------- 1. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 2. THE DISTRICT EDUCATIONAL OFFICER, NEYYATTINKARA. 3. THE MANAGER, M.V. HIGHER SECONDARY SCHOOL, ARUMANOOR.P.O, NEYYATTINKARA. BY GOVT. PLEADER, SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/10/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ANTONY DOMINIC, J. = = = = = = = = = = = = = = = W.P.(C) No. 29188 OF 2008 (Y) = = = = = = = = = = = = = = = Dated this the 3rd day of October 2008 J U D G M E N T Petitioner is aggrieved by Ext. P4 communication issued by the 1st respondent requiring the 3rd respondent to take disciplinary action against the petitioner consequent on her involvement in a criminal case. The main apprehension of the petitioner is that Ext. P4 will be taken as a binding order requiring the 3rd respondent to place the petitioner under suspension. According to the petitioner if the disciplinary power is to be exercised, it has to be done by the 3rd respondent, only and that the 3rd respondent cannot be guided purely by the dictates of the 1st respondent. 2. I have heard the Govt. Pleader also. 3. At this stage, it is for the Manager to decide whether disciplinary power should be exercised over the petitioner. Therefore, Ext. P4 can be taken only as an intimation and not as a direction as apprehended by the petitioner. It is for the manager to W.P.(C) No.29188 OF 2008 - 2 - consider Ext. P4, and take a decision in this regard. With that liberty, this writ petition is disposed of. However, I clarify that I have not examined the power of the D.P.I. conferred under the provisions of the Kerala Education Act and that it will be open to the D.P.I. to exercise such of those powers if and when circumstances justify the same. ANTONY DOMINIC JUDGE jan/-