IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR THURSDAY, THE 28TH JULY 2011 / 6TH SRAVANA 1933 WP(C).No. 6166 of 2011(U) ------------------------------------- PETITIONER: ------------------- P.J.JACOB, PHYSICAL EDUCATION TEACHER, BHARATH MATHA A.U.P.SCHOOL, MUTHUKAD, RESIDING AT PITTAPILLIL HOUSE, CHUNGATHARA POST, MALAPPURAM DISTRICT. BY ADVS. SRI.K.JAJU BABU, SMT.M.U.VIJAYALAKSHMI, SRI.BRIJESH MOHAN, SRI.M.V.JOSEPH (ALAPPUZHA). RESPONDENTS: ------------------------ 1. THE ASSISTANT EDUCATIONAL OFFICER, NILAMBUR-679 329. 2. THE CORPORATE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF BATHERY, BISHOP'S HOUSE, P.B.NO.7, SULTHAN BATHERY-673 592, WAYANAD DISTRICT. 3. SHRI SURESH B.S. (CHIRAKKARA), ADVOCATE, PULLENTHUNDIL HOUSE, P.J.ANTONY GROUND ROAD, PACHALAM P.O., COCHIN-682 012. R1 BY GOVT. PLEADER SMT. RANI DIOTHIMA, R2 BY ADV. SRI.JOHNSON P.JOHN. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.6166/2011-U: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE PROCEEDNGS DTD. 04/12/2012 ISSUED BY THE R.2. EXT.P.2: COPY OF THE NOTICE DTD. 15/12/2010 ISSUED BY ADVOCATE SURESH B.S. (CHIRAKKARA) TO THE PETITIONER. EXT.P.3: COPY OF THE OBJECTION SUBMITTED BY THE PETITIONER TO ADVOCATE SURESH B.S.(CHIRAKKARA) DTD. 29/01/11. EXT.P.4: COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER BEFORE THE R.1. DTD. 22/02/2011. RESPONDENTS' EXHIBITS: EXT.R2.A: COPY OF THE MEMO OF CHARGES ISSUED BY THE R.2. DTD. 03/12/2010. EXT.R2.B: COPY OF THE LETTER FORWARDED BY THE LOCAL POLICE TO SCHOOL AUTHORITIES DTD. 03/10/10. EXT.R2.C: COPY OF THE F.I.R. NO. 332/10. EXT.R2.D: COPY OF THE NEWS PUBLISHED IN MALAYALA MANORAMA DAILY DTD. 23/09/2010. EXT.R2.E: COPY OF THE COMPLAINT SUBMITTED BY OTHER TEACHING STAFF TO THE MANAGEMENT OF THE SCHOOL DTD. 23/11/09. EXT.R2.F: COPY OF THE REPORT OF THE LOCAL POLICE DTD. 09/08/08. EXT.R2.G: COPY OF THE NOTICE ISSUED BY THE R.1. TO THE R.2. DTD. 05/10/10. EXT.R2.H: COPY OF THE PERMISSION GRANTED FOR KEEPING HIM UNDER SUSPENSION BEYOND 15 DAYS BY THE R.1. DTD. 25/11/10. EXT.R2.I: COPY OF THE APPLICATION SUBMITTED BY THE PETITIONER TO THE COMMITTEE DTD. 20/12/10. EXT.R2.J: COPY OF THE APPLICATION SUBMITTED BY THE COUNSEL FOR THE PETITIONER TO THE COMMITTEE DTD. 09/01/11. //TRUE COPY// P.S. TO JUDGE. Prv. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.6166 of 2011-U - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 28th day of July, 2011. JUDGMENT The petitioner herein has approached this Court aggrieved by the enquiry proposed to be conducted by the management of the school otherwise than under Rule 75(1)(b) of Chapter XIV-A K..E.R. 2. The petitioner is working as Physical Education Teacher. It is the case of the petitioner that the third respondent was appointed as the Enquiry Officer by the Manager, which procedure is not contemplated under Chapter XIV-A K.E.R. The third respondent is a practicing Advocate. 3. On behalf of the management, a counter affidavit has been filed, wherein the stand taken is that the third respondent was appointed only to conduct a fact finding enquiry and he is also the Convener of the three member committee. It is therefore an admitted fact that the disciplinary enquiry under Rule 75 of Chapter XIV-A K.E.R. has not been conducted so far. 4. Learned counsel for the Manager also submitted that the disciplinary enquiry will have to be conducted by the officer concerned, as provided under Rule 75 of Chapter XIV-A K.E.R. wpc 6166/2011 2 5. Learned Govt. Pleader on getting instructions, submitted that Ext.P4 representation submitted by the petitioner is under consideration and orders will be passed within a few days. It is also submitted by the learned counsel for the Manager that already the copy of memo of charges as well as the explanation received from the petitioner, have been forwarded to the Asst. Educational Officer for taking a decision with regard to the conduct of disciplinary enquiry. It is further submitted that the disciplinary enquiry may be directed to be completed within a time frame. All these are matters for the Asst. Educational Officer to consider and expeditious steps will be taken to complete the enquiry. Recording the submission of the learned Govt. Pleader that Ext.P4 will be considered and appropriate orders will be passed expeditiously, the writ petition is disposed of. No costs. (T.R. Ramachandran Nair, Judge.) kav/