IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 14TH JANUARY 2009 / 24TH POUSHA 1930 WP(C).No. 195 of 2009(W) PETITIONER: --------------- C.V.MOHANAN, ASSISTANT TEACHER(UNDER SUSPENSION), ARS UP SCHOOL, CHENDAYAD, KANNUR DIST. BY ADV. SRI.POOVAMULLE PARAMBIL ABDUL KAREEM RESPONDENTS: --------------- 1. THE DISTRICT EDUCATIONAL OFFICER, THALASSERY. 2. THE ASSISTANT EDUCATIONAL OFFICER, PANOOR. 3. THE MANAGER,ARS UP SCHOOL, CHENDAYAD. 4. THE HEADMASTER,ARS UP SCHOOL, CHENDAYAD. GOVERNMENT PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 14/01/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C) NO. 195 OF 2009 W ------------------------------------------------------ Dated this the 14th January, 2009 JUDGMENT The petitioner, an Assistant Teacher in Abdu Rahiman Smarakam U.P.School, Chendayad, was placed under suspension as per Ext.P1 order dated 2.9.2008. The Assistant Educational Officer granted permission to the Manager to extend the suspension period beyond fifteen days, as per Ext.P2 order dated 16.9.2008. Challenging Exts.P1 and P2, the petitioner has filed Ext.P3 appeal dated 23.9.2008 before the District Educational Officer, Thalassery. Ext.P3 is pending disposal. The petitioner has alleged that the statutory formalities have not been complied with and that his suspension was not justified. Ext.P6 is the memo of charges dated 12.12.2008, issued to the petitioner. 2. The reliefs prayed for in the Writ Petition are the following: “i) To issue a writ of certiorari to quash Exts.P1, P2 and P6 or in the alternative to declare that the same are illegal, arbitrary and unjustifiable; ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 3rd respondent to reinstate the petitioner with effect from 2/9/2008 forthwith; W.P.(C) NO. 195 OF 2009 W :: 2 :: iii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the 1st respondent to consider and pass orders on Ext.P3 appeal as expeditiously as possible; and iv) To grant such other reliefs, as this Hon'ble Court shall deem just and proper in the interest of justice, including costs.” 3. Learned counsel for the petitioner submits that, for the present, the petitioner confines his relief to relief (iii), reserving his right to take up the other contentions as and when it becomes necessary. Ext.P3 appeal was filed in September, 2008. In the facts and circumstances of the case, it is necessary to dispose of the appeal at the earliest. Learned Government Pleader submitted that Ext.P3 appeal would be disposed of at the earliest. In the facts and circumstances of the case, the Writ Petition is disposed of as follows: a) The District Educational Officer, Thalassery shall dispose of Ext.P3 appeal dated 23.9.2008, submitted by the petitioner, as expeditiously as possible and, at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioner and the Manager. W.P.(C) NO. 195 OF 2009 W :: 3 :: b) The petitioner shall produce certified copy of the judgment and a true copy of the Writ Petition before the District Educational Officer, Thalassery. c) Petitioner shall send a copy of the Writ Petition and true copy of the judgment to respondents 3 and 4 separately, by registered post and shall produce proof of the same before the District Educational Officer. (K.T.SANKARAN) Judge ahz/