IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 5TH AUGUST 2009 / 14TH SRAVANA 1931 WP(C).No. 4723 of 2008(K) ------------------------------------- PETITIONER(S): ---------------------- G.K. GOPALAKRISHNAN, S/O.G.K.KUMARAN, MANEESHITHAM HOUSE, CHUNGATHARA P.O., MALAPPURAM DIST. BY ADV. MR.KALEESWARAM RAJ RESPONDENT(S): ------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF GENERAL EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. R1 TO R3 BY SR.GOVERNMENT PLEADER SMT.T.B. REMANI. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 05/08/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO. 4723/2008-K APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE ORDER DATED 30/07/2005 ISSUED BY 3RD RESPONDENT. EXT.P2: COPIES OF THE DEPOSITIONS. EXT.P3: COPY OF THE NOTES OF ARGUMENTS DATED 28/02/2006 FILED BY THE PETITIONER BEFORE THE ADDITIONAL DPI. EXT.P4: COPY OF THE REVISION PETITION DATED 05/09/2005 FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT. EXT.P5: COPY OF THE ORDER DATED 24/03/2006 ISSUED BY DPI. EXT.P6: COPY OF THE JUDGMENT DATED 29/11/2007 IN C.C.268/2006 OF JFCM, NILAMBUR. EXT.P7: COPY OF THE REVIEW PETITION DATED 28/01/2008. EXT.P8: COPY OF THE PETITION FOR CONDONATION OF DELAY DATED 28/01/2008. RESPONDENT'S EXHIBITS: NIL //TRUE COPY// P.S. TO JUDGE rs. T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.4723 of 2008-K - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 5th day of August, 2009. JUDGMENT The petitioner was subjected to a punishment of compulsory retirement from service as per Ext.P1 order. He was the Headmaster of the school. The disciplinary action was taken against him pursuant to certain allegations of harassment, etc. The petitioner was arrayed as an accused in C.C.No.263/2006. Ext.P6 is the judgment in the said criminal case which shows that the petitioner has been acquitted. On the basis of Ext.P6, the petitioner has filed Ext.P7, styled as a review petition before the first respondent. It is prayed that in the light of the order of acquittal, the request to review Ext.P1 may be considered by the Government. 2. In the light of the above position, there will be a direction to the first respondent to consider and pass orders on Exts.P7 and P8 on their merits, within a period of four months from the date of receipt of a copy of this judgment, after hearing the petitioner. The petitioner will produce a copy of the writ petition along with a copy of this judgment before the first respondent for compliance. (T.R. Ramachandran Nair, Judge.) kav/