IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 7TH DECEMBER 2009 / 16TH AGRAHAYANA 1931 WP(C).No. 35155 of 2009(L) -------------------------- PETITIONER: --------------- DAVID JOHN, HEADMASTER (UNDER SUSPENSION) CMS HIGHER SECONDARY SCHOOL, ROUND WEST, THRISSUR. BY ADV. SRI.KALEESWARAM RAJ RESPONDENT(S): --------------- 1. CORPORATE MANAGER, CMS SCHOOLS (COCHIN AREA) CMS HIGHER SECONDARY SCHOOL, ROUND WEST, THRISSUR. 2. DISTRICT EDUCATIONAL OFFICER, THRISSUR. 3. DEPUTY DIRECTOR OF EDUCATION, THRISSUR. 4. DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. BY SR.GOVT. PLEADER SRI. A.J VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/12/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: T.R RAMACHANDRAN NAIR,J. ------------------------- W.P ( C) No.35155 of 2009 -------------------------- Dated this the 7th December,2009 J U D G M E N T Petitioner is the Headmaster (under suspension) of C.M.S Higher Secondary School, Round West in Thrissur. 2. The main prayer in the writ petition is to quash Exts. P8, P10, P11,P14 and P20 along with enquiry report and Ext.P22. 3. After the submission of the enquiry report petitioner received Ext.P22 by which the management proposed to impose punishment of compulsory retirement from the date of suspension and accordingly the permission of the Deputy Director of Education, Thrissur has been sought for in this regard. 4. It is in these circumstances, the petitioner has filed this writ petition. When the writ petition came up for hearing today, the learned counsel for the petitioner submitted that the Deputy Director of Education has now served a notice on the petitioner which was received on 5.12.2009, wherein, a hearing is proposed to be held on 15.12.2009. Therefore, it is up to the petitioner to appear W.P ( C) No.35155 of 2009 2 before the 3rd respondent on the proposed hearing date or any date to which it is adjourned and submit his response in the matter. Therefore the writ petition is disposed of with a direction to the 3rd respondent to take a decision in the matter, in accordance with law, after hearing the petitioner and Manager. The contentions of the petitioner are left open. T.R RAMACHANDRAN NAIR, JUDGE ma W.P ( C) No.35155 of 2009 3 W.P ( C) No.35155 of 2009 4