IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE KURIAN JOSEPH FRIDAY, THE 28TH MARCH 2008 / 8TH CHAITHRA 1930 WP(C).No. 17351 of 2004(N) -------------------------- PETITIONER: ------------ N.T. BHADRAN, S/O. P.K. THEVAN, AGED 51 YEARS, DISTRICT EDUCATIONAL OFFICER, CHAVAKKAD, THRISSUR DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSUTRICTION JAGATHY, TRIVANDRUM-14. 3. THE DISTRICT EDUCATONAL OFFICER CHERTHALA, ALAPPUZHA DISTRICT. BY GOVERNMENT PLEADER, SMT.K.R.DEEPA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/03/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.17351/2004 APPENDIX PETITIONER'S EXTS: EXT.P1: COPY OF THE MEMO OF CHARGES ALONG WITH STATEMENT OF ALLEGATIONS. EXT.P2: COPY OF THE LETTER OF THE PETITIONER. EXT.P3: COPY OF THE LETTER NO.V4/98055/2000/DP1 OF THE 2ND RESPONDENT. EXT.P4: COPY OF THE LETTER OF THE PETITIONER. EXT.P5: COPY OF THE EXPLANATION OF THE PETITIONER. EXT.P6: COPY OF THE ORDER NO.K.DIS.VI/5555/00/DP1 OF THE 2ND RESPONDENT. EXT.P7: COPY OF THE ORDER OF THE 3RD RESPONDENT. EXT.P8: COPY OF THE SHOW CAUSE NO.26360/C3/99/G.EDN. OF THE 1ST RESPONDENT. EXT.P9: COPY OF THE EXPLANATION OF THE PETITIONER. EXT.P10: COPY OF THE G.O.(RT)NO.3226/2003/G.EDN. EXT.P11: COPY OF THE JUDGMENT IN W.P.(C) NO.31909/2003. EXT.P12: COPY OF THE ARGUMENT NOTES OF THE PETITIONER. EXT.P13: COPY OF THE G.O.(RT)NO.933/2004/G.EDN. //TRUE COPY// PA TO JUDGE. KURIAN JOSEPH, J. ----------------------------------- W.P.(C) No. 17351 OF 2004 ------------------------------------- Dated this the 28th day of March, 2008. J U D G M E N T Challenge is on Ext.P13 order passed by the Government. On an earlier occasion, this court had passed Ext.P11 judgment, directing the authority who heard the petition and to pass orders. The main grievance of the petitioner is that there is no reference at all to Exts.P6 and P7 reports while considering the case of the punishment of the petitioner. Neither in Ext.P10 earlier order nor in the present Ext.P13 order is there any reference to Exts.P6 and P7. Since the petitioner is canvacing for a change of heart based on the enquiry report, it is only appropriate that the matter is considered afresh by the Government, considering although the impact of Exts.P6 and P7 to the extent relevant in the case. Ext.P13 is accordingly quashed directing the 1st respondent to consider the matter afresh, with notice to the petitioner and pass fresh orders in the matter taking into consideration of Exts.P6 and P7 also, within a period of four months from the date of production of a copy of this judgment. This writ petition is disposed of as above. KURIAN JOSEPH, JUDGE. ps