IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 30TH SEPTEMBER 2009 / 8TH ASWINA 1931 WP(C).No. 26138 of 2009(J) -------------------------- PETITIONER(S): --------------- THE MANAGER, SREE DURGA VILASAM HIGH SCHOOL, P.O.PERAMANGALAM, THRISSUR. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENT(S): --------------- 1. SMT.P.A.SMITHA, W/O.RAJEEV C.MENON, "KRISHNAKRIPA", MUTHUVARA P.O., PUZHAKKAL, THRISSUR DISTRICT. 2. THE GOVT. OF KERALA, REP. BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 3. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 4. THE DISTRICT EDUCATION OFFICER, THRISSUR. ADV. SRI.V.A.MUHAMMED. FOR R1 SENIOR GOVERNMENT PLEADER, SHRI MUHAMOOD T.T THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30/09/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.26138/2009-J ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 30th day of September, 2009 J U D G M E N T The petitioner herein is the Manager of a school. The main challenge in the writ petition is against Exts.P20 and P23 orders passed by the Director of Public Instruction, as a result of which the Music Teacher under suspension was ordered to be reinstated in service. The petitioner has filed Ext.P24 appeal before the Government along with a stay petition Ext.P24 (a). The disciplinary action was initiated against the first respondent based on certain allegations. Ext.P9 is the copy of the suspension order. It is submitted by the learned counsel for the petitioner that the District Educational Officer had conducted a detailed enquiry and the enquiry report has been forwarded along with Ext.P14. Ext.P15 is the show cause notice issued to the first respondent, dated 04/07/2009. After getting reply as per Ext.P16, it was decided to remove the first respondent from service also. The Manager has sought permission as per Ext.P17 to impose the punishment, before the District Educational Officer concerned. 2. Heard the learned counsel for the petitioner, the learned Government Pleader and the learned counsel for the first respondent. The W.P.(C). No.26138/2009 -:2:- dispute now pending before the Government is with regard to the direction to reinstate the petitioner in service. The orders passed by the D.P.I is under challenge in the said appeal. Therefore, the second respondent is directed to take a decision on Exts.P24 and P24(a) after hearing the petitioner and the first respondent and dispose of the appeal within a period of two months from the date of receipt of a copy of this judgment. In the meanwhile, it is open to the Government to consider the stay petition Ext.P24(a) and before disposing of the stay petition, the petitioner and the first respondent will be heard and appropriate orders shall be passed within one month. 3. As regards the request of the petitioner for a direction to the District Educational Officer to pass orders on Ext.P17, the learned Government Pleader submitted that the fourth respondent will take appropriate action on Ext.P17 as requested for by the Manager expeditiously. It is made clear that this Court has not expressed anything on the merits of Ext.P17 or the enquiry proceedings as well as regarding the validity of Ext.P23. The writ petition is disposed of as above. No costs. (T.R. Ramachandran Nair, Judge.) ms