IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 14TH JUNE 2010 / 24TH JYAISTHA 1932 WP(C).No. 18372 of 2010(V) -------------------------- PETITIONER(S): --------------- A.A.PADMANABHAN S/O.APPUKUTTAN, AGED 52 YEARS MANAGER, A.M.L.P.SCHOOL, KIRALUR, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT,SECRETARIAT TRIVANDRUM. 2. THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT. 3. THE ASSISTANT EDUCATIONAL OFFICER WADAKKANCHERRY,THRISSUR DISTRICT. 4. SMT.T.A.REENA HEADMISTRESS (UNDER SUSPENSION) P.M.L.P.SCHOOL,KIRALUR, RESIDING AT CHITTILAPPILLY VIDYAKKARAN HOUSE, P.O.CHITTUTTUKARA, PIN 680 511. GOVERNMENT PLEADER SRI.DILIP MOHAN FOR R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/06/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T.RAVIKUMAR, J. ``````````````````````````````````````````````````````` W.P.(C) No. 18372 of 2010 V ``````````````````````````````````````````````````````` Dated this the 14th day of June, 2010 J U D G M E N T The petitioner is the Manager of A.M.L.P.School, Kiralur in Thrissur district. As per Ext.P1, the petitioner suspended the fourth respondent, the Headmistress of the said School, from service. As per Ext.P2 order, permission was accorded to keep the fourth respondent under suspension beyond 15 days. Subsequently, Ext.P4 memo of charges was issued to the fourth respondent. Ext.P8 is the report of the enquiry conducted against the fourth respondent. After conducting an enquiry into the charges levelled as per Ext.P4, the third respondent held the charges against the fourth respondent as proved. According to him, he has recommended action against the fourth respondent. Subsequently, the petitioner has submitted Ext.P10 before the second respondent for obtaining prior permission in terms of Rule 74 of Chapter XIV-A of the Kerala Education Rules for imposing the penalty of removal from service of the fourth respondent. However, as per Ext.P11 order, the second respondent declined to grant the permission sought for and further directed the petitioner WPC.18372/2010 : 2 : to reinstate the fourth respondent in service. The contention of the petitioner is that the said order was passed without considering Ext.P8 and the contentions raised in Ext.P10. In the said circumstances, the petitioner has preferred Ext.P12 revision petition before the first respondent. He has also filed Ext.P13 petition for staying the operation and implementation of Ext.P11 order. 2. It is evident from the facts expatiated above that disciplinary proceedings have been initiated against the fourth respondent as per Ext.P4 and the enquiry as contemplated under Rule 75 of Chapter XIV-A of the Kerala Education Rules was conducted. The third respondent, who conducted the enquiry, submitted Ext.P8 report recommending for initiation of action. It is based on the same, Ext.P10 was submitted before the second respondent for obtaining prior permission in terms of Rule 74 of Chapter XIV-A for imposing the penalty of removal from service of the fourth respondent. According to the petitioner, Ext.P11 would reveal that the second respondent did not consider Ext.P8 report as also the contentions raised in Ext.P10 before declining WPC.18372/2010 : 3 : permission. These are matters for consideration of the first respondent and the petitioner has raised all those averments in Ext.P12 revision petition. It is the case of the petitioner that in case Ext.P11 order is implemented pending decision on Ext.P12, it would adversely affect the interest of the institution and it is in the said circumstances that Ext.P13 stay petition was moved before the first respondent. In the aforesaid circumstances, this writ petition is disposed of with a direction to the first respondent to consider Ext.P12 revision petition and pass orders thereon with notice to the petitioner and the fourth respondent, expeditiously, at any rate, within a period of four months from the date of receipt of a copy of this judgment. However, the first respondent shall take up Ext.P13 stay petition within a period of two weeks from the date of receipt of a copy of this judgment and pass orders thereon within a period of one week thereafter. Sd/- (C.T.RAVIKUMAR, JUDGE) aks // True Copy // P.A. To Judge