IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 29TH MAY 2008 / 8TH JYAISHTA 1930 WP(C).No. 14913 of 2008(A) -------------------------- PETITIONER: ------------ A. KUNHIRAMAN, RETD. HEAD MASTER OF CHERUMOTH L.P. SCHOOL, 'ASARINTAVIDE' HOUSE, P.O. CHERUMOTH, VALAYAM VIA. KOZHIKODE DISTRICT. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENTS: ------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, NADAPURAM, VATAKARA, KOZHIKODE. 2. STATE OF KERALA REP. BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM. 3. V. ABDULLA, FORMERLY WORKING AS ASSISTANT EDUCATIONAL OFFICER NADAPURAM, VALLOT HOUSE, KADAMERY P.O., ILAYIDOM, VILLYAPILLY VIA, KOZHIKODE-673 502. 4. THE MANAGER, CHERUMOTH L.P. SCHOOL, CHERUMOTH, VALAYA VIA., KOZHIKODE DISTRICT. 5. SULAIHA C.K., WORKING AS MANAGER, CHERUMOTH L.P. SCHOOL, CHERUMOTH, VALAYAM VIA., KOZHIKODE DISTRICT. 6. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 7. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. BY G.P. SHRI A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 29/05/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T. SANKARAN,J.. -------------------------------------- W.P.(C) No.14913 of 2008 A -------------------------------------- Dated this the 29th day of May, 2008. J U D G M E N T The petitioner is a retired Headmaster of LP School. While he was the Headmaster of Cherumoth LP School, he filed Ext.P1 application dated 31.5.2005 before the Assistant Educational Officer for granting commuted leave for the period 29.4.2005 to 15.6.2005. Ext.P2 order dated 24.5.2005 was issued by the Assistant Educational Officer, Nadapuram to the petitioner, directing him to show cause why the leave application should not be rejected. In Ext.P2, it is stated that leave applied for by the petitioner could not be granted for the reasons stated therein. It is also stated in Ext.P2 that the Headmaster did not make the application for commuted leave sufficiently early and that he did not act in his capacity as Headmaster in the matter of getting the salary of the teachers, issuing transfer certificates to students and admission of new students. Pursuant to Ext.P2, Ext.P3 order dated 9.6.2005 was passed by the Assistant Educational Officer. It was held in Ext.P3 that the acts of the petitioner amounted to serious misconduct. However, taking a lenient view, the matter was closed imposing a censure on him not to repeat the similar misconduct. WP(C) No.14913/2008 2 2. After receiving Ext.P3 order, the petitioner issued Ext.P4 notice to the Assistant Educational Officer, wherein scatting remarks were made against the Assistant Educational Officer in the matter of passing of Ext.P3 order. It is stated by the petitioner that he is a known-social worker in his locality and a political worker. He was also the President of the KPPHA, an organisation of Headmasters. On receiving Ext.P4 notice, the Assistant Educational Officer issued Ext.P4(a) notice dated 3.8.2005 to the petitioner directing to show cause why action should not be taken against him under Rule 67 of Chapter XIV A of the Kerala Education Rules. The petitioner submitted Ext.P5 reply. A hearing was proposed to be made by the Assistant Educational Officer and Ext.P6 notice dated 7.10.2005 was issued by the Assistant Educational Officer for that purpose. Ext.P6 notice was challenged in W.P.(C) No.29354/2005, wherein Ext.P7 interim order was passed. The judgment in that Writ Petition is not seen produced, though it is stated in paragraph 7 of the Statement of Facts that the Writ Petition was allowed. 3. The Manager of the school placed the petitioner under suspension as per Ext.P8 order dated 2.1.2006. Petitioner submitted Ext.P9 representation to the Secretary, Department of General Education stating that the suspension order issued by the Manager was mala fide. 4. W.P.(C) No.1005/2006 was filed by the petitioner voicing the grievance that his case would not be considered properly and impartially by the Educational Authorities in the district, He stated that, WP(C) No.14913/2008 3 anticipating it, he had filed a revision before the Government under Rule 92 of Chapter XIV A of the Kerala Education Rules. That revision was pending before the Government. This Court, in Ext.P11 judgment dated 8.2.2006 in W.P.(C) No.1005/2006, directed the second respondent State to dispose of the revision on the merits and pass orders in accordance with law. In compliance with Ext.P11 judgment, Ext.P12 order dated 22.5.2006 was passed by the Government. The operative portion of the said order reads as follows:- “On examining the whole matter, Government find that the petitioner need not be kept under continued suspension and also the allegation raised do not call for a major punishment of reversion. In the above circumstances, Government are pleased to issue the following orders:- (i) The Order of the Manager, LPS Cherumoth read as 5th paper above reverting Shri A. Kunhiraman as LPSA and Order No.3/06 of the Manager, promoting Shri C.Nanu as Headmaster of the school will stand quashed. (ii) The Manager is directed to reinstate Shri A. Kunhiraman as Headmaster of the school with immediate effect pending finalization of the disciplinary proceedings. WP(C) No.14913/2008 4 (iii) The Deputy Director of Education, Kozhikode is directed to conduct a detailed enquiry on the allegations made against the petitioner and to finalize the disciplinary proceedings, within a month. (iv) The Assistant Educational Officer, Nadapuram is directed to furnish detailed explanation to Government within a week for having given clearance to the Manager of the school to revert the petitioner, without waiting for Government decision in the matter, especially in view of the position that connected matter was pending before Government, as by the Honourable High Court.” 5. Again, the petitioner filed W.P.(C) No.15022/2006. That Writ Petition was disposed of by this Court by the judgment dated 20.7.2006, the operative portion of which reads as follows:- “7. Having regard to the entire facts and circumstances, these writ petitions are disposed of with the following direction. WP(C) No.14913/2008 5 (1) Clause 1 and 2 in the operative portion of Ext.P12 order passed by the Government shall be kept in abeyance till the Deputy Director of Education, Kozhikode completes the enquiry as directed in Ext.P12 order. (2) The Deputy Director Education shall complete the enquiry untrammeled by any conclusions or observations made by the Government in Ext.P12 order or any findings or observations in the enquiry report of the AEO. (3) Deputy Director of Education shall complete the enquiry proceedings as expeditiously as possible at any rate within six weeks from the date of receipt of a copy of this judgment.” 6. The Deputy Director of Education, Kozhikode passed Ext.P15 order dated 28.9.2006 in compliance with the judgment in W.P.(C) NO.15022/2006 and connected case. It is relevant to note that the Manager had imposed the major punishment of reversion of the petitioner on the following grounds:- “1. Destruction of the school treasury bill book. WP(C) No.14913/2008 6 2. 1Lodging a complaint direct to the Government regarding the unsuitability of Sri K.T.Venugopalan as Sr. Superintendent of the Office of the Assistant Educational Officer, Nadapuram. 3. Alleging that the register of office copy of pay bills was destroyed by the staff members of the Asst. Educational Office, Nadapuram. 4. Noon feeding during summer vacation was not implemented in the school. 5. Proper preparation was not done for the 2nd terminal examination December 2005. 6. The Headmaster did not attend the meeting connected with the distribution of subdistrict academic council question papers on 9th Match 2006. 7. Unauthorized retention of Kum. Sujina K.P. On the school rolls. WP(C) No.14913/2008 7 8. Laxity in maintaining co- ordination among teachers of the school.” 7. The Deputy Director of Education, Kozhikode in Ext.P15 order held that the charges did not warrant imposition of the major punishment as contemplated in Sub-rule (iv) of Rule 65, Chapter XIV A of the Kerala Education Rules. The Manager was, accordingly, directed to reinstate the petitioner as Headmaster of the school with immediate effect. The Manager was also directed to propose minor punishment, if any, as per the provisions in Sub- rules (i) to (iii) of Rule 65, Chapter XIV A of the Kerala Education Rules. Challenging certain portions of Ext.P15 order passed by the Deputy Director of Education, Kozhikode, the petitioner filed Ext.P16 appeal before the Director of Public Instruction, Thiruvananthapuram. The Manager by Ext.P17 order dated 15.10.2006 reinstated the petitioner as Headmaster and imposed of a punishment of barring two increments. That order was also challenged before the Director of Public Instruction. The Additional Director of Public Instruction (General), Thiruvananthapuram disposed of the appeal as per Ext.P17(a) order dated 19.1.2007. The operative portion of the order reads as follows: “In the above circumstances it is hereby ordered that the effect of the barring of 2 increments as temporary for one year instead of cumulative effect. It is further clarified that Sri A. Kunhiraman, HM is treated as reinstated in service with effect from the date of WP(C) No.14913/2008 8 Government order dated 22.5.2006 and the salary for the period from 22.5.2006 to the date of actual reinstatement will be fixed as liability of the Manager. The Deputy Director Education, Kozhikode is directed to realize the amount from the manager and facts reported by return.” 8. Against Ext.P17(a), petitioner filed Ext.P18 revision before the Government. Government disposed of Ext.P18 revision as per Ext.P20 order dated 31.1.2008. The relevant portion of the order, in so far as the petitioner is concerned, reads as follows: “The matter has been examined in detail. Since the incumbent has not worked during the period from 22.5.2006 to 4.10.2006. By applying the principle of no work no pay he is not eligible for getting the period treated as duty with salary. In the circumstances that period of absence from 22.5.2006 to 4.10.2006 shall be converted in to leave of any kind due and admissible. And the period of suspension that is from 2.1.2006 to 21.5.2006 may also be regularized as eligible leave/leave without allowance provided the retired officer desires so. WP(C) No.14913/2008 9 Sri.Kunhiraman was not exonerated from guilt by any of the Educational Officers. But by taking a lenient view as the Headmaster has already retired from service, the punishment awarded by the Director of Public Instruction may be further reduced. He may be awarded with censure as provided under Chapter XIV A. Rule 65.” Ext.P20 along with Exts.P15, P17 and P17(a) are under challenge in this Writ Petition. The contention raised by the petitioner is that before imposing punishment, no enquiry was conducted and no opportunity was afforded to show cause why action should not be taken. The narration of the facts as mentioned above and the various orders passed by the Educational Authorities and the judgments passed by this Court in earlier Writ Petitions filed by the petitioner would indicate that effective and impartial opportunities were given to the petitioner to put forward his grievances and also to show cause why action should not be taken against him. The petitioner cannot forward any grievance that he was not heard. In fact he has misused the opportunities by filing petitions after petition and Writ Petitions after Writ Petition. The present Writ Petition is another attempt to protract the matter. There is no ground to interfere in the matter and the Writ Petition lacks merits. The Writ Petition is accordingly dismissed. WP(C) No.14913/2008 10 K.T. SANKARAN, JUDGE. cks