IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR TUESDAY, THE 25TH MAY 2010 / 4TH JYAISHTA 1932 WP(C).No. 15923 of 2010(M) -------------------------- PETITIONER(S): --------------- V.N.BHASKARAN, S/O. NARAYANAN NAIR, AGED 53 YEARS, HEAQDMASTER (UNDER SUSPENSION), HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-VADAKKEKAD, (RESIDING AT NARAYANEEYAM, NHAMANGAT-679563 THRISSUR DISTRICT) BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. 5. THE MANAGER, HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-VADAKKEKAD, THRISSUR DISTRICT. GOVERNMENT PLEADER SRI.DILEEP MOHAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 25/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 15923 of 2010 M ``````````````````````````````````````````````````````` Dated this the 25th day of May, 2010 J U D G M E N T The petitioner is working as Headmaster in Thiruvalayannur High School. Earlier, he was placed under suspension as per Ext.P1 order dated 07-11-2008, alleging misappropriation of fund allotted for distribution of egg to the students and also on account of detention in police custody for 24 hours in connection with a criminal case. The grievance against the suspension was taken up before the 2nd respondent and the 2nd respondent as per Ext.P10 revoked the order of suspension and directed for reinstating the petitioner in service pending disciplinary action. The present grievance of the petitioner is that now, on the same set of allegations he has been suspended by the 2nd respondent in terms of Section 12A(2) of the Kerala Education Act, as per Ext.P11. Subsequent to Ext.P11 order of suspension, an enquiry was conducted by the 2nd respondent on 16-03-2010. However, no final order has been passed. It is in the said circumstances that this writ petition has been filed. 2. In this writ petition, the petitioner has produced WPC.15923/10 : 2 : Ext.P12 which is a petition filed by the Manager of the School before the 2nd respondent. As noticed hereinbefore, Ext.P11 was passed by the 2nd respondent invoking the power under Section 12A(2) of the Kerala Education Act. In view of the order which I propose to pass in this writ petition, I am not going into the legality of Ext.P11 at this stage and this writ petition is disposed of with a direction to the 2nd respondent to pass final orders in the matter of suspension of the petitioner taking into account Ext.P12 and the enquiry which was conducted on 16-03-2010, within a period of six weeks from the date of receipt of a copy of this judgment. Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. To Judge