IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 27TH OCTOBER 2011 / 5TH KARTHIKA 1933 WP(C).No. 24861 of 2006(I) -------------------------- PETITIONER(S): --------------- T.T.NANU, AGED 55 YEARS, S/O.POKKAN, HEAD MASTER (RETIRED), PATHIRAPATTA U.P. SCHOOL, PATHIRAPATTA P.O., VIA. KAKKATTIL, CALICUT, RESIDING AT THENGUMTHO- TTATHIL HOUSE, POST CHEKKONNU WEST, VIA. KAKKATTIL CALICUT DISTRICT. BY ADV. SRI.K.P.DANDAPANI, SENIOR ADVOCATE RESPONDENT(S): --------------- 1. STATE OF KERALA, REP. BY SECRETARY, GENERAL EDUCATION (L) DEPART- MENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. THE MANAGER, PATHIRAPATTA U.P. SCHOOL, PATHIRAPATTA P.O., VIA. KAKKATTIL, CALICUT. 3. DEPUTY DIRECTOR OF EDUCATION, CALICUT. 4. THE ASSISTANT EDUCATIONAL OFFICER, KUNNAMMEL. 5. THE DISTRICT EDUCATIONAL OFFICER, VADAKARA. *6 THE HEADMASTER, PATHIRAPATTA UP SCHOOL, PATHIRAPATTA P.O. VIA KAKKATTIL, CALICUT *IMPLEADED AS ADDITIONAL R6 AS PER ORDER DATED 24.03.2009 IN I.A. 1663/2007. ADV. SRI.NIRMAL. S FOR R2 GOVERNMENT PLEADER SRI. NOBLE MATHEW FOR R1 & 3 TO 5 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 27/10/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 24861/2006 APPENDIX PETITIONER'S EXHIBITS EXHIBIT P1 : TRUE COPY OF ORDER DATED 19.01.2005 ISSUED BY 5TH RESPONDENT TO PETITIONER. EXHIBIT P2 : TRUE COPY OF CHARGE MEMO ALONG WITH STATEMENT OF IMPUTATIONS DATED 08.02.2005 ISSUED BY 2ND RESPONDENT TO PETITIONER. EXHIBIT P3 : TRUE COPY OF DETAILED EXPLANATION DATED 25.02.2005 SUBMITTED BY PETITIONER BEFORE 2ND PETITIONER. EXHIBIT P4 : TRUE COPY OF SUBMISSION DATED 29.03.2005 MADE BY PETITIONER BEFORE 2ND RESPONDENT. EXHIBIT P5 : TRUE COPY OF SHOW CUASE NOTICE DATED 07.04.2005 ISSUED BY 2ND RESPONDENT TO PETITIONER. EXHIBIT P6 : TRUE COPY OF ORDER DATED 22.10.2005 ISSUED BY 2ND RESPONDENT TO PETITIONER. EXHIBIT P7 : TRUE COPY OF ORDER OF STATUS QUO DATED 02.11.2005 OF THIS HONOURABLE COURT IN WP(C) NO. 30637/2005-V EXHIBIT P8 : TRUE COPY OF JUDGMENT DATED 15.11.2005 OF THIS HONOURABLE COURT IN WP(C) NO. 30637/2005-V EXHIBIT P9 : TRUE COPY OF LETTER DATED 25.11.2005 SUBMITTED BY PETITIONER BEFORE THE HEADMASTER IN-CHARGE OF THE SCHOOL. EXHIBIT P10 : TRUE COPY OF COMMUNICATION DATED 28.02.2006 ISSUED BY 1ST RESPONDENT TO PETITIONER. EXHIBIT P11 : TRUE COPY OF LETTER DATED 12.04.2006 ALONG WITH AUDIT OBSERVATIONS SUBMITTED BY PETITIONER BEFORE THE THEN HEADMASTER IN -CHARGE OF THE SCHOOL 3RD RESPONDENT. EXHIBIT P12 : TRUE COPY OF LETTER DATED 17.04.2006 SUBMITTED BY PETITIONER BEFORE 1ST RESPONDENT. EXHIBIT P13 : TRUE COPY OF REPRESENTATION DATED 25.04.2006 SUBMITTED BY PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P14 : TRUE COPY OF G.O. DATED 04.05.2006 ISSUED 1ST RESPONDENT TO THE PETITIONER. EXHIBIT P15 : TRUE COPY OF JUDGMENT DATED 30.05.2006 OF THIS HONOURABLE COURT IN WP(C) NO. 13805/2006-R EXHIBIT P16 : TRUE COPY OF LETTER DATED 28.06.2006 ISSUED BY HEADMASTER IN CHARGE OF SCHOOL TO 4TH RESPONDENT REGARDING FIXATION OF PAY IN HEADMASTER'S HIGHER GRADE OF THE PETITIONER. WP(C) NO. 24861/2006 EXHIBIT P17 : TRUE COPY OF OBJECTION 06.07.2006 ISSUED BY 5TH RESPONDENT TO PETITIONER. EXHIBIT P18 : TRUE COPY OF REPRESENTATION DATED 10.07.2006 PREFERRED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXHIBIT P22 : TRUE COPY OF THE NON-LIABILITY CERTIFICATE DATED 07.10.2009. RESPONDENT'S EXHIBITS : NIL /TRUE COPY/ P.A. TO JUDGE. dnc S.SIRI JAGAN, J. ================== W.P.(C).No. 24861 of 2006 ================== Dated this the 27th day of October, 2011 J U D G M E N T The petitioner was a headmaster of an aided school managed by the 2nd respondent. The 2nd respondent initiated disciplinary proceedings against the petitioner and the petitioner was suspended from service. The 4th respondent-AEO granted permission to continue suspension beyond the period of 15 days. Subsequently, the manager himself conducted an enquiry into the allegations against the petitioner and imposed on the petitioner the punishment of reversion as UPSA. The petitioner filed a revision, which was disposed of by Ext.P14 order, the operative portion of which reads thus: ”In the above circumstances, Government are pleased to issue orders by setting aside Exhibit P7 Order (No.6/2005 of the Manager) with direction to the 2nd respondent to reinstate the petitioner as Headmaster of the school with immediate effect. The DDE, Kozhikode is directed to finalise the proceedings on the audit report examining the replies within a fortnight and amount if any found to be recovered from the petitioner be recovered from the DCRG due to him.” Despite Ext.P14, the petitioner was not reinstated in service. Therefore, the petitioner approached this Court by filing W.P.(C).No. 13805/2006, in which, Ext.P15 judgment has been passed recording the submission of the manager that if the petitioner presents himself for joining duty, he would be permitted to join duty. Accordingly, the petitioner joined duty on 31.5.2006 and he retired from service on that day itself. The petitioner's grievance now is that the period during which the petitioner was kept out of service is not being regularised as w.p.c.24861/06 - : 2 :- duty and the retirement benefits due to the petitioner have not yet been disbursed. 2. I have heard the parties. 3. The Kerala Education Rules do not confer any power on the manager to conduct an enquiry against a headmaster of an aided U.P.School and to impose punishment on the headmaster by himself. The KER contemplates first an enquiry by the AEO, pursuant to which, if found guilty, the manager has to propose a punishment, which has to be approved by the AEO. Only thereafter, the manager can impose a punishment on a headmaster of an aided U.P. school. But in this case, the manager himself has conducted an enquiry and has imposed on the petitioner the punishment of reversion as UPSA. Of course, that order has been set aside by Ext.P14 order by the Government. But the crucial aspect as to the want of powers on the part of the manager to conduct an enquiry and impose a punishment without prior approval by the AEO has not been adverted to in Ext.P14. According to me, the entire proceedings initiated by the manager ending in imposition of punishment of reversion as UPSA is totally without jurisdiction. But, insofar as by Ext.P14 order, the Government themselves have set aside the order of punishment and directed reinstatement, no further orders are called for in respect thereof except to declare that the proceedings of the manager are without jurisdiction. Now that the w.p.c.24861/06 - : 3 :- petitioner has retired from service, the disciplinary proceedings cannot be continued also. In fact, the learned counsel for the manager submits that no further proceedings have been contemplated against the petitioner. It is also admitted before me that the audit objections against the petitioner referred to in Ext.P14 have been dropped and Ext.P22 non liability certificate has also been issued to the petitioner. In the above circumstances, what remains is to direct respondents 3 and 4 to see that the period during which the petitioner has been kdpt out of service is regularised as duty and the retirement benefits due to the petitioner are disbursed to him. Accordingly, this writ petition is disposed of with a direction to respondents 3 and 4 to regularise the period during which the petitioner has been kept out of service on account of disciplinary proceedings as duty and to disburse all monetary benefits including retirement benefits due to the petitioner, as expeditiously as possible, at any rate, within two months from the date of receipt of a certified copy of this judgment. This is without prejudice to the right of the Government to recover any amount so paid to the petitioner from the manager. Sd/- sdk+ S.SIRI JAGAN, JUDGE ///True copy/// P.A. to Judge w.p.c.24861/06 - : 4 :-