IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 28TH JULY 2009 / 6TH SRAVANA 1931 WP(C).No. 15162 of 2009(M) ---------------------------------- PETITIONER: --------------- LISSYAMMA M.J., W/O.GEORGE JOSEPH, TEACHER, AGED 39 YEARS, ST.JOHN BAPTIST ENGLISH MEDIUM HIGHER SECONDARY SCHOOL, KADATHUMKADAVU, IRITTY P.O., THALASSERY TALUK, KANNUR DISTRICT. BY MR.V.T.MADHAVANUNNI, ADVOCATE. MR.V.A.SATHEESH, ADVOCATE. RESPONDENTS: ------------------ 1. THE PRINCIPAL, ST.JOHN BAPTIST ENGILISH MEDIUM HIGHER SECONDARY SCHOOL, KADATHUMKADAVU, IRITTY P.O., KANNUR DISTRICT. 2. THE MANAGER, ST.JOHN BAPTIST ENGILISH MEDIUM HIGHER SECONDARY SCHOOL, KADATHUMKADAVU, IRITTY P.O., KANNUR DISTRICT. 3. THE DISTRICT EDUCATION OFFICER, THALASSERY EDUCATION DISTRICT, THALASSERY P.O., KANNUR DISTRICT. BY MR.C.P.PEETHAMBARAN, ADVOCATE, FOR R1 & R2 MR.K.RAMESH, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.15162/2009 APPENDIX PETITIONER'S EXHIBITS EXT. P1 : COPY OF EXPERIENCE CERTIFICATE ISSUED BY THE 1ST RESPONDENT DATED 27/03/2009. EXT. P2 : COPY OF MEMO ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER IN APRIL, 2009. EXT. P3 : COPY OF EXPLANATION DATED 25/04/2009 SUBMITTED BY THE PETITIONER. EXT. P4 : COPY OF CHARGE MEMO AND THE COVERING LETTER DATED 19/05/2009 ISSUED BY THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS EXT. R1(a) : COPY OF INTIMATION GIVEN TO THE PETITIONER DATED 06/07/2009 BY THE MANAGER. EXT. R1(b) : COPY OF LETTER DATED 11/06/2009 SENT BY THE PETITIONER. //TRUE COPY// PA TO JUDGE. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.15162 OF 2009 --------------------------------------- Dated this the 28th day of July, 2009. J U D G M E N T The petitioner herein is a Teacher working in the St.John Baptist English Medium Higher Secondary School, Kadathumkadavu, Iritty in Kannur District. The main relief sought for in the writ petition is for a direction to the 2nd respondent not to terminate the service of the petitioner without following the due process of law. 2. It is pointed by the petitioner that Exhibit P2 memo contains the allegations against the petitioner. Exhibit P3 is the explanation offered by the petitioner to the said memo. Thereafter Exhibit P4 memo of charges has been issued. Mainly it is contended that without conducting any domestic enquiry, the petitioner is proposed to be terminated from service. 3. Heard the learned counsel appearing for respondents 1 and 2. In the counter affidavit filed on behalf of respondents 1 and 2 it is submitted that already a Domestic Enquiry Officer has W.P.(C) No.15162/2009 2 been appointed which is evidenced by Exhibit R1(a) letter addressed to the petitioner also. It is submitted by the learned counsel that if sufficient time is given, enquiry can be completed. Therefore, this writ petition is disposed of directing that the enquiry will be completed against the petitioner within a period of three months. T.R. RAMACHANDRAN NAIR JUDGE smp