IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN WEDNESDAY, THE 24TH FEBRUARY 2010 / 5TH PHALGUNA 1931 WP(C).No. 3573 of 2010(V) ------------------------------------- PETITIONER: ------------------- C.N.PRADEEP, HEAD OF SECTION, GOVERNMENT WOMEN'S POLYTECHNIC COLLEGE, NEDUPUZHA, THRISSUR. BY ADVS. MR.ELVIN PETER P.J, SMT.POOJA SURENDRAN. RESPONDENTS: ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 3. THE SENIOR JOINT DIRECTOR (PS), DIRECTORATE OF TECHNICAL EDUCATION, THIRUVANANTHAPURAM. 4. THE JOINT DIRECTOR, OFFICE OF THE JOINT DIRECTOR, CURRICULUM DEVELOPMENT CENTRE, KALAMASSERY. 5. SMT.V.K.SARALA, JOINT DIRECTOR, OFFICE OF THE JOINT DIRECTOR, CURRICULUM DEVELOPMENT CENTRE, KALAMASSERY. R1 TO R4 BY GOVT. PLEADER MR. SANDESH RAJA. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/02/2010,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. S. SIRI JAGAN, J. ~~~~~~~~~~~~~~~~~~~ W.P.(C). No. 3573 OF 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 24th day of February 2010 ~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~~ J U D G M E N T The petitioner is aggrieved by a preliminary enquiry ordered in respect of certain allegations raised against the petitioner. Ext.P5 is the notice for the preliminary enquiry. The petitioner has certain grievances in respect thereof. The petitioner contends that the petitioner is totally unaware of the allegations and the purpose for which the enquiry is to be conducted since he has not been furnished with the copy of the complaint containing the allegations against him in respect of which the preliminary enquiry is proposed. 2. On 8.2.2010, I passed the following order. “Post on 11.2.2010. Government Pleader shall make available to the Court a copy of the complaint based on which the proposed enquiry is to be conducted. Till then, enquiry shall not be conducted.” Pursuant there to, a copy of the complaint, on the basis of W.P.C. No.3573 OF 2010 -2- which the fact finding enquiry has been ordered, has been produced before this Court, a copy of which has been served on the counsel for the petitioner. Thereupon, the petitioner raises a contention that the present Joint Director Smt.Sarala, who is to conduct the fact finding enquiry as per Ext.P5, is also a person referred in the said complaint, and hence, it is not proper that she conducts the enquiry, since she is likely to be biased in the matter. In view of the said contention, I passed the following order on 15.2.2010. “A copy of the complaint on the basis of which, a fact finding enquiry against the petitioner has been ordered, has been produced before me. The learned Government Pleader shall serve a copy of the same on the counsel for the petitioner. On a reading of the same, I find that certain references are made to the present Joint Director, Smt.Sarala, in the complaint. It is admitted that the said Smt.Sarala is the person who has been authorised to conduct the enquiry. I am of the opinion that in so far as Smt.Sarala is mentioned in the complaint, it is only appropriate that the enquiry be conducted by some other person unconnected with the matter in anyway. The learned Government Pleader seeks time to get instructions on the same. Post after a week. Interim order is extended till then. W.P.C. No.3573 OF 2010 -3- 2. Today, the learned Government Pleader submits that if this Court so directs, the respondents are prepared to appoint another person as the Enquiry Officer. In the above circumstances, without accepting the contention of the petitioner, that the 5th respondent may have any bias in the matter, I direct the 4th respondent to appoint another person as the Enquiry Officer and complete the enquiry proposed against the petitioner as per Ext.P5 as expeditiously as possible, now that a copy of the complaint has already been served on the petitioner. The writ petition is disposed of as above. S. SIRI JAGAN JUDGE nl.