IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 3RD MARCH 2011 / 12TH PHALGUNA 1932 WP(C).No. 32760 of 2010(T) -------------------------------------- PETITIONER: ------------------- V.N. BHASKARAN, S/O. NARYANAN NAIR, AGED 53 YEARS, HEADMASTER (UNDER SUSPENSIN) HIGH SCHOOL, THIRUVALAYANNUR, KALLUR-VADAKKEKAD (RESIDING AT NARAYANEEYAM, NHAMANGAT-679563 THRISSUR DISTRICT). BY ADVS. SRI.V.A.MUHAMMED, SRI.K.E.HAMZA. RESPONDENTS: ------------------------ 1. THE STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM-1. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT-680 003. 4. THE DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD-680 506, THRISSUR DISTRICT. 5. THE MANAGER, HIGH SCHOOL, THIRUVALAYANNUR, POST KALLUR-VADAKKEKAD-679562, THRISSUR DISTRICT. R1 TO R4 BY GOVERNMENT PLEADER SMT. NISHA BOSE. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 03/03/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.32760 OF 2010 --------------------------------------- Dated this the 3rd day of March, 2011. J U D G M E N T The petitioner is a Headmaster under suspension in the High School managed by the 5th respondent. Exhibit P1 is the initial order of suspension passed by the Deputy Director of Education dated 07.11.2008. The main allegation is that the petitioner misappropriated an amount of Rs.46,000/- allotted for distribution of eggs to the students and he was detained in police custody for a period of 24 hours in connection with criminal case. 2. The petitioner approached the Director of Public Instruction for reviewing the order of suspension as per Exhibit P9. The petitioner was ordered to be reinstated in service as per Exhibit P10 order dated 26.01.2009. But, the petitioner was again placed under suspension as per Exhibit P11 order dated 04.02.2010 of the 2nd respondent. It is averred in the writ petition that enquiry is held by the 2nd respondent on 16.03.2010 and therefore, there is no justification for the continuance of the W.P.(C) No.32760/2010 2 suspension. Accordingly, the Manager filed a representation as per Exhibit P12 and by Exhibit P13 judgment in W.P.(C) No. 15923/2010, this Court directed the Director of Public Instruction to take a decision in the matter. Exhibit P14 is the resultant order passed by the Director refusing to revoke the suspension. 3. The petitioner thereafter filed a revision petition before the Government which was directed to be disposed of by the Government by this Court as per Exhibit P16 judgment and finally, the Government also rejected the same by Exhibit P17. This writ petition is filed challenging these orders. 4. The 3rd respondent has filed a counter affidavit. Along with I.A.No.3425/2011, the petitioner has produced Exhibit P18 review petition filed under Rule 67(9) of Chapter XIV-A KER. Learned counsel for the petitioner prayed that the Government may be directed to take a decision on Exhibit P18. Rule 67(9) provides for review of orders passed and therefore, Exhibit P18 is a statutory review petition. This writ petition is disposed of directing the Government to take a decision on Exhibit P18 review petition filed by the W.P.(C) No.32760/2010 3 petitioner within a period of six weeks from the date of receipt of a copy of this judgment. The petitioner will produce a copy of this judgment along with a copy of the writ petition for compliance. T.R. RAMACHANDRAN NAIR JUDGE smp