IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 19TH AUGUST 2008 / 28TH SRAVANA 1930 WP(C).No. 23736 of 2008(A) -------------------------- PETITIONER: ------------ THE CORPORATE MANAGER, ALL C.S.I SCHOOLS IN MALABAR AND WAYANAD, BANK ROAD, KOZHIKODE 673 001. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.K.I.SAGEER RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVT.SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT. 3. J.VALSALA, SANSKRIT TEACHER, B.E.M. U.P.SCHOOL, TRIKKATTIRI, PALAKKAD DISTRICT. 4. M.T.ABDUL SALAM, URDU TEACHER, B.E.M. U.P.SCHOOL, TRIKKATTIRI, PALAKKAD DISTRICT. BY GOVT. PLEADER SHRI A.J.VARGHESE FOR R1 & R2 BY ADV. SRI.V.RAJENDRAN FOR R3 & R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN WP(C) No.23736/2008 PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE PROCEEDING BEARING REFERENCE NO.CM/DS/07-08/UP-14 DATED 1.12.2007 ISSUED BY THE PETITIONER EXT.P2 -DO- NO.CM/DS/07-08/UP-14A(2) DATED 14.12.2007 ISSUED BY THE PETITIONER EXT.P3 TRUE COPY OF THE EXPLANATION DATED 14.12.2007 OFFERED BY THE THIRD PETITIONER EXT.P4 TUR EOCPY OF THE PROCEEDING BEARING REFERENCE NO.CM/DS/07-08/UP-14 DATED 17.12.2007 ISSUED BY THE PETITIONER EXT.P5 -DO- DATED 21.12.2007 ISSUED BY THE PETITIONER EXT.P6 TRUE COPY OF THE INTIMATION DATED 17.12.2007 FORWARDED BY THE PETITIONER TO THE SECOND RESPONDENT EXT.P7 TRUE COPY OF THE REQUEST DATED 21.12.2007 -DO- -DO- EXT.P8 TRUE COPY OF THE REPRESENTATION BEARING REFERENCE NO.CM/DS/07-08/UP- 14-A-(1) DATED 24.12.2007 OF THE PETITIONER SUBMITTED BEFORE THE SECOND RESPONDENT EXT.P8(a) TRUE PHOTOCOPY OF THE LETTER DELIVERY BOOK OF THE ALL C.S.I. SCHOOLS IN MALABAR AND WAYANAD, EVIDENCING THE RECEIPT OF EXT.P8 BY THE SECOND RESPONDENT ON 26.12.2007 EXT.P9 TRUE COPY OF THE ORDER NO.EM(4)/62431/07/DPI/L.Dis. DATED 28.12.2007 OF THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. EXT.P10 TRUE COPY OF THE ORDER BEARING NO.D/6678/07 DAYTED 28.12.2007 PASSED BY THE SECOND RESPONDENT EXT.P10(a) TRUE COPY OF THE ORDER NO.6809/07 DATED 28.12.2007 ISSUED BY THE SECOND RESPONDENT EXT.P11 TRUE COPY OF THE REVISION PETITION DATED 31.12.2007 FILED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXT.P12 TRUE COPY OF THE MEMO OF CHARGES DATED 11.2.2008 ISSUED BY THE PETITIONER TO THE THIRD RESPONDENT AS PER PROCEEDING BEARING REFERENCE NO.CM/DS/07-08/UP-14/V.3. EXT.P13 TRUE COPY OF THE MEMO OF CHARGES BEARING REFERENCE NO.CM/D8/07- 08/UP-14/AS.3 DATED 12.2.2008 ISSUED BY THE PETITIONER TO THE FOURTH RESPONDENT EXT.P14 TRUE COPY OF THE ARGUMENT NOTE DATED 20.3.2008 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT EXT.P15 TRUE COPY OF THE ORDER BEARING NO.GO(Rt) 2032/08/G.Edn. DATED 29.4.2008 ISSUED BY THE FIRST RESPONDENT EXT.P16 TRUE COPY OF THE JUDGMENT DATED 26.5.2008 IN WP(C) NO.14915/2008 OF THIS COURT WP(C) No.23736/2008 EXT.P17 TRUE COPY OF THE NOTICE NO.D/6678/07 DATED 28.7.2008 ISSUED BY THE SECOND RESPONDENT EXT.P18 TRUE COPY OF THE REPRESENTATION DATED 31.7.2008 SUBMITTED BY THE PETITIONER BEFORE THE FIRST RESPONDENT //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.23736 of 2008 A -------------------------------------- Dated this the 19th day of August, 2008. J U D G M E N T The petitioner is the Corporate Manager of all C.S.I. Schools in Malabar and Wayanad. Respondents 3 and 4 are the teachers working in B.E.M.U.P.School, Trikkattiri, a school under the management of the petitioner. Disciplinary proceedings have been initiated against respondents 3 and 4. The enquiry is being made by the Assistant Educational Officer, Ottappalam. As per Ext.P16 judgment dated 26.5.2008 in W.P.(C) No.14915 of 2008, a learned Single Judge of this Court directed the competent statutory authority to conclude the enquiry proceedings within four months from the date of receipt of a copy of the judgment. 2. In this Writ Petition the petitioner mainly challenges Ext.P17 which is a notice of hearing issued by the Assistant Educational Officer. The apprehension of the petitioner is that the witnesses on behalf of the petitioner would not be allowed to be examined before the Assistant Educational Officer, as what is mentioned in Ext.P17 is a “hearing”. Another relief which the petitioner has sought for in this Writ Petition is to issue a writ of mandamus commanding the Assistant Educational Officer to permit the petitioner to examine WP(C) No.23736/2008 2 the witnesses mentioned in Exts.P12 and P13 memo of charges as the witnesses on the side of the petitioner. 3. Learned counsel appearing for respondents 3 and 4 submitted that they have no objection in permitting the petitioner to examine the witnesses on his side. It is pointed out that names of witnesses have been mentioned in Exts.P12 and P13 and that those witnesses could be examined, provided the petitioner undertakes to produce them before the Assistant Educational Officer on a date or such dates as fixed by the Assistant Educational Officer. At the same time, it is not necessary to quash Ext.P17 notice as it is only a notice of hearing and does not say that the petitioner is not permitted to examine the witnesses. 4. For the aforesaid reasons, the Writ Petition is disposed of with the following directions:- 1) The Assistant Educational Officer shall permit the petitioner to examine the witnesses whose names are mentioned in Exts.P12 and P13 memo of charges on such date or dates as fixed by the Assistant Educational Officer. 2) On examination of such witnesses, respondents 3 and 4 will have an opportunity to cross-examine the witnesses. 3) Since an opportunity is being afforded to the petitioner to adduce evidence, a similar opportunity should be afforded to respondents 3 WP(C) No.23736/2008 3 and 4 as well by the Assistant Educational Officer to adduce evidence. 4) The Assistant Educational Officer shall conclude the enquiry as contemplated under Rule 75 of Chapter XIV A of the Kerala Education Rules within the time stipulated in Ext.P16 judgment. K.T.SANKARAN, JUDGE cks