IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC WEDNESDAY, THE 19TH NOVEMBER 2008 / 28TH KARTHIKA 1930 WP(C).No. 30024 of 2008(Y) -------------------------- PETITIONER(S): ------------------ A.P.MUHAMMED @ BAPPU HAJI, MANAGER, CRESCENT HIGH SCHOOL, ADAKKAKKUNDU, KALIKAVU, MALAPPURAM DISTRICT. BY ADV. SRI.R.RAMADAS RESPONDENT(S): ------------------- 1. THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM, 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT. 4. P.J.VARKY HSA (PHY.SCIENCE),CRESCENT HS, ADAKKAKUNDU, PULLAT HOUSE, CHAMPANODA PO, PERUVANNAMOOZHI (VIA), KOZHIKODE. ADV. SRI.SUNIL V.MOHAMMED FOR R4 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/11/2008, THE COURT ON THE SAME DAY DELIVERED THEFOLLOWING: WPC NO.30024/08 APPENDIX PETITIONER'S EXHIBITS EXT.P1: TRUE COPY OF LETTER DT 26.9.2004 ISSUED BY THE 4TH RESPONDENT. EXT.P2: TRUE COPY OF THE PROCEEDINGS DT 11.10.2004. EXT.P3: TRUE COPY OF JUDGMENT DT 5.11.2003 IN CRIMINAL APPEAL NO.86/2003 OF SESSIONS JUDGE, MANJERI. EXT.P4: TRUE COPY OF THE ORDER DT 13.10.2006 OF J.F.C.M. I, MANJERI IN M.C.NO.100 A/06. EXT.P5: TRUE COPY OF ORDER DT 21.11.2006. EXT.P6: TRUE COPY OF ORDER DT 22.9.2007. EXT.P7: TRUE COPY OF ORDER DT 30.8.2008 OF THE 1ST RESPONDENT. EXTS. OF R4 EXT.R4(a): THE TRUE COPY OF THE ORDER DT 19.10.2004 OF THE HEADMASTER. EXT.R4(b): THE TRUE COPY OF THE REPLY DT 22.11.2004 ISSUED BY THE HEADMASTER. EXT.R4(c): THE TRUE COPY OF THE REPLY AFFIDAVIT FILED BY THE 4TH RESPODNENT IN WP(C) NO.32752/2006 EXT.R4(d): THE TRUE COPY OF THE JUDGMENT DTD 12.7.2007 IN WPC NO.32752/2006. EXT.R4(e): THE TRUE COPY OF THE JUDGMENT DTD 30.6.2008 IN CRIME NO.566/2004 OF MANJERI POLICE STATION (NUMBERED AS C.C.NO.364/2004 OF CJM COURT, MANJERI). EXT.R4(f): THE TRUE COPY OF THE REPRESENTATION DATED 22.10.2008 SENT BY THE 4TH RESPONDENT AND THE POSTAL RECEIPT. //TRUE COPY// P.A. TO JUDGE ANTONY DOMINIC, J. ============== W.P.(C) NO. 30024 OF 2008 (Y) ==================== Dated this the 19th day of November, 2008 J U D G M E N T Petitioner is the Manger of an aided school. Following the involvement of the 4th respondent, a teacher in the school, in criminal cases viz., CC No. 278/01 of J.F.C.M, Nilambur, MC No.100A/06 of J.F.C.M, Manjeri and CC No. 364/04 of C.J.M.Court, Manjeri, the 4th respondent was placed under suspension by Ext.P2 order. Eventually Deputy Director passed Ext.P6 ordering reinstatement, subject to the outcome of the criminal cases referred to above. Against Ext.P6 order, petitioner filed a revision to the Government and in the revision, Ext.P7 order was passed, confirming Ext.P6. It is in this background, the writ petition has been filed challenging Exts. P6 and P7 orders. 2. Counter affidavit has been filed by the 4th respondent, where he says that he has been acquitted of the criminal cases. In so far as CC 364/04 is concerned, he has produced the judgment acquitting him as Ext.R4(e) rendered by the Chief Judicial Magistrate Court, Manjeri. Although in respect of CC No. 278/01, it is stated that the same has been compounded and that MC No. 100A/06 has been dismissed, the 4th respondent has not produced any material in support of this contention. WPC 30024/08 :2 : 3. Now that according to the 4th respondent, the criminal cases have all been decided in his favour, if that is factually correct, the grievance of the petitioner against directing reinstatement of the 4th respondent, pending termination of the criminal cases, no longer survives. 4. Therefore, the writ petition is disposed of directing that it will be open to the 4th respondent to produce certified copies of the orders rendered by the respective courts in CC No.278/01 and MC No.100A/06 and on production of these orders, the petitioner shall reinstate the 4th respondent as ordered in Exts. P6 and P7. With the above modification, the writ petition is disposed of. ANTONY DOMINIC, JUDGE Rp