IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN TUESDAY, THE 7TH APRIL 2009 / 17TH CHAITHRA 1931 WP(C).No. 11520 of 2009(H) ---------------------------------------- PETITIONER(S): ------------------------ THE CORPORATE MANAGER, M.M.VOCATIONAL HIGHER SECONDARY SCHOOL, KOZHIKODE. BY ADVS. MR.P.J.MATHEW, MR.K.B.ARUNKUMAR. RESPONDENT(S): --------------------------- 1. THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVENMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, KOZHIKODE. 3. THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE. 4. M.AHAMMED, PRINCIPAL(UNDER SUSPENSION) M.M.VOCATIONAL HIGHER SECONDARY SCHOOL, KOZHIKODE, RESIDING AT 'PRABHATH', ADIYARATH, KARAMTHOOR.P.O.,VIA KUNNAMANGALAM,KOZHIKODE. BY SR. GOVERNMENT PLEADER MR. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 07/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss P.N.RAVINDRAN, J. ------------------------------------- W.P.(C).No.11520 of 2009 -------------------------------------- Dated 7th April, 2009 JUDGMENT Heard Sri.P.J.Mathew, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass, it is not necessary to issue notice to or hear the fourth respondent. 2. The petitioner, the Manager of an aided Vocational Higher Secondary School, placed the fourth respondent under suspension by Ext.P6 order dated 10.12.2008. He thereafter reported the matter to the Deputy Director of Education, Kozhikode. On the ground that the intimation regarding the order of suspension was given only after 12 days, the Deputy Director of Education, Kozhikode by Ext.P11 letter dated 4.3.2009 directed the Manager to reinstate the fourth respondent in service with effect from the date on which he was placed under suspension and to report compliance. The petitioner has, aggrieved by Ext.P11 filed Ext.P13 revision petition along with Ext.P13(a) stay petition before the Secretary to Government, General Education Department. In this writ petition the petitioner challenges Ext.P11 and also seeks a writ in the nature of mandamus commanding the State Government to WP(C).No.11520/2009 2 consider Ext.P13 revision petition and pass orders thereon within a time limit to be fixed by this Court. 3. Ext.P11 discloses that on the short ground that the Manager did not inform the Deputy Director of Education about the order passed by him placing the fourth respondent under suspension immediately and had done so only after 12 days, the Deputy Director of Education has directed the Manager to reinstate the fourth respondent in service. Aggrieved thereby the petitioner has moved the Government in Ext.P13 revision petition under Rule 92 of Chapter XIV A of the Kerala Education Rules along with Ext.P13(a) stay petition seeking stay of operation of Ext.P11. Ext.P6 order passed by the Manager placing the fourth respondent under suspension reveals that very serious allegations have been levelled against the fourth respondent. Ext.P12 memo of charges issued by the Manager and served on the fourth respondent also contains very serious allegations. In these circumstances, I am of the opinion that the Government should consider Ext.P13 revision petition and pass orders thereon expeditiously. I accordingly dispose of this writ petition with the following directions: The Secretary to Government, General Education Department shall consider Ext.P13 revision petition and pass orders WP(C).No.11520/2009 3 thereon after affording the petitioner and the fourth respondent a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date of receipt of a certified copy of this judgment. The Secretary to Government, General Education Department shall also consider whether pending disposal of Ext.P13 revision petition, the operation of Ext.P11 should be stayed. This shall be done within one week from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, General Education Department. Till then, the operation of Ext.P11 shall stand stayed if the fourth respondent has not so far been reinstated in service. Thereafter, the rights of parties will be governed by the interim order/final order passed by the Government subject to their right to challenge the same if they are aggrieved thereby in other appropriate proceedings. The contentions of both sides on the merits are kept open. P.N.RAVINDRAN Judge TKS