IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 20TH JUNE 2011 / 30TH JYAISHTA 1933 WP(C).NO. 15486 OF 2011(I) -------------------------- PETITIONER: --------------- K.P.SANTHOSH KUMAR, HINDI TEACHER, AUP SCHOOL, PALATHOL P.O., MALAPPURAM DISTRICT. BY ADV. SRI.BINOY VASUDEVAN SMT.P.G.BABITHA RESPONDENT(S): --------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, PERINTHALMANNA, MALAPPURAM DISTRICT. 2. THE HEAD MISTRESSES, AUP SCHOOL, PALATHOL P.O. 679340, MALAPPURAM DISTRICT. 3. THE PRESIDENT, PARENT TEACHERS ASSOCIATION, AUP SCHOOL, PALATHOL P.O. 679340, MALAPPURAM DISTRICT. BY GOVT.PLEADER SMT.RANI DIOTHIMA FOR R1 ADV. SRI.P.K.ABDURAHIMAN (POOLACKAL KARATCHAL FOR R3 SRI.K.PRAVEEN KUMAR FOR R2 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20/06/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C)NO.15486/11 PETITIONER'S EXTS: EXT.P1: TRUE COPY OF MEDEICAL CERTIFICATE DT.10.2.11. EXT.P2: TRUE COPY OF MEDICAL CERTIFICATE DATED 9.3.11. EXT.P3: TRUE COPY OF REQUEST SUBMITTED BY THE PETITIONER BEFORE THE TAHSILDAR. EXT.P4: TRUE COPY OF MEMO OF CHARGES ISSUED BY THE FIRST RESPONDENT. EXT.P5: TRUE COPY OF REPLY SUBMITTED BY THE PETITIONER'S WIFE BEFORE THE SECOND RESPONDENT. EXT.P7: TRUE COPY OF REPLY SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P8: TRUE COPY OF MEDICAL CERTIFICATE DT.6.4.11. EXT.P9: TRUE COPY OF FITNESS CERTIFICATE DT.1.6.11. EXT.P10: TRUE COPY OF REQUEST SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DT.1.6.11. TRUE COPY P.A.TO JUDGE T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.15486 Of 2011-I -------------------------------------------------- DATED THIS THE 20th DAY OF JUNE, 2011 J U D G M E N T Seeking for a direction to the respondents to permit the petitioner to join duty forthwith, this Writ Petition is filed. 2. The petitioner is working as Hindi Teacher in the AUP School, Palathol. It is stated that the appointment has been approved as he has been continuing in that school for the last 17 years. In paragraph No.3 of the Writ Petition the petitioner states that he had some behavioural problems due to alcoholism and had therefore shown some abnormal behaviour on his part. It is pointed out that he had been under treatment in a Primary Health Centre at Cherpulassery. He had undergone some psychiatric treatment also. It is his case that he is willing to join duty, but even after the culmination of the treatment, he is not being allowed to perform his duties as a teacher. Various representations filed by the petitioner have been produced in the Writ Petition. W.P.(C)No.15486/11 -2- 3. The learned counsel for the 2nd respondent submitted that the petitioner had been unauthorisedly absent and he had also failed to discharge the election duties. It is therefore submitted that the petitioner is liable to be proceeded with for various commissions and omissions. Exhibit P4 is the copy of a memo served on the petitioner. 4. Going by the pleadings and the stand taken by the respondents, it can be seen that as on today, there is no suspension order as against the petitioner and therefore he cannot be prevented from performing his duties. 5. In that view of the matter, the petitioner will be allowed to perform his duties as a teacher. But the same will be without prejudice to the right of the Manager (presently the Manager is stated to be the 1st respondent) to initiate appropriate disciplinary action, if it is contemplated. The Writ Petition is disposed of as above. T.R.RAMACHANDRAN NAIR, JUDGE. dsn