IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE ANTONY DOMINIC MONDAY, THE 6TH OCTOBER 2008 / 14TH ASWINA 1930 OP.No. 11371 of 2003(D) ---------------------------------- PETITIONER: ------------------- V.MANIKANTAN, MANAGER (UNDER REMOVAL), S.N.UPPER PRIMARY SCHOOL, NALLAMADANCHALLA, CHITTUR, PALAKKAD. BY ADV. SRI.V.CHITAMBARESH (SR.), SRI.T.C.SURESH MENON, SRI.PRINCE.K.ELIAS, SRI.R.RAJA RAJA VARMA, SMT.M.R.VALSA. RESPONDENTS: ----------------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DEPUTY DIRECTOR OF EDUCATION, PALAKKAD. 3. THE ASSISTANT EDUCATIONAL OFFICER, CHITTUR, PALAKKAD. 4. P.C.RAMAKRISHNAN, HEADMASTER (UNDER SUSPENSION), S.N. UPPER PRIMARY SCHOOL, NALLAMADANCHALLA, CHITTUR, PALAKKAD. GOVERNMENT PLEADER FOR SRI. T.T. MOHAMMED R2, ADV. SRI.K.T.SHYAMKUMAR FOR R4. THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 06/10/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: O.P. NO. 11371/2003-D: ORDER ON C.M.P. NO. 19471/2003 IN O.P. NO. 11371/2003-D DISMISSED 06/10/2008. SD/- ANTONY DOMINIC, JUDGE. APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE ORDER NO. B/616/02 OF THE R.3. DTD. 27/03/2002. EXT.P.2: COPY OF THE PETITION FOR REVIEW DTD. 01/04/2002. EXT.P.3: COPY OF THE SHOW CAUSE NOTICE ISSUED BY THE R.3. TO THE PETITIONER DTD. 13/08/2002. EXT.P.4: COPY OF THE REPLY SENT BY THE PETITIONER DTD. 31/08/2002. EXT.P.5: COPY OF THE MEMO OF CHARGES DTD. 14/03/2003. EXT.P.6: COPY OF THE ORDER NO. A5/27584/02 (1) OF THE R.2. DTD. 19/03/2003. EXT.P.7: COPY OF THE SALE DEED DTD. 16/07/1997. EXT.P.8: COPY OF THE PROCEEDINGS DTD. 26/05/1999. EXT.P.9: COPY OF THE REQUEST OF THE R.4. DTD. 27/03/2003. RESPONDENTS' EXHIBITS: EXT.R4.A: COPY OF THE SUSPENSION ORDER ISSUED BY THE PETITIONER DTD. 13/03/2002. EXT.R4.B: COPY OF THE LETTER SENT BY THE R.4. TO THE PETITIONER DTD. 22/01/02. EXT.R4.C: COPY OF THE ENQUIRY REPORT ISSUED BY THE R.3. ALONG WITH THE COVERING LETTER DTD. 08/05/2002. //TRUE COPY// P.A. TO JUDGE. prv. ANTONY DOMINIC, J ----------------------------------------------------------- O.P.No.11371/2003 ----------------------------------------------------------- Dated this the 6th day of October, 2008 JUDGMENT Ext.P6 is an order disqualifying the petitioner, who is the Manager of S.N. Upper Primary School, Nallamadanchalla, Chittur, Palakkad. The ground on which he has been disqualified is that he had failed to reinstate a teacher, the 4th respondent herein, following the orders passed by the 3rd respondent. At the stage when this Original Petition was admitted, by order dated 2nd April, 2003, this court granted an interim stay of Ext.P6 order on condition that the 4th respondent is reinstated. The learned Sr. counsel appearing for the petitioner now submits that the teacher has been reinstated and is working in the School since them. 2 2. Now that the teacher has been reinstated in pursuance to the interim order passed by this court in 2003 and is continuing, I do not think that it is necessary to maintain Ext.P6 order. Therefore, Ext.P6 order will stand set aside and it is clarified that the petitioner will regularize the reinstatement of the 4th respondent in pursuance to the interim order. Writ Petition is disposed of as above. ANTONY DOMINIC JUDGE vi. 3 ANTONY DOMINIC, J ----------------------------------- O.P.No.11371/2003 ----------------------------------- JUDGMENT Dated: 6th day of October, 2008