IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR MONDAY, THE 13TH JULY 2009 / 22ND ASHADHA 1931 WP(C).No. 23220 of 2008(L) -------------------------------- PETITIONER: -------------- DAVID JOHN, AGED 51 YEARS, S/O.JOHN JATHIKKATHOPPIL HOUSE, ALUKKAL GARDEN, POOVANI, KOLAZHI, THRISSUR. (HEAD MASTER, C.M.S. H.S.S., THRISSUR, NOW UNDER SUSPENSION). BY MR.P.SANTHOSH (PODUVAL), ADVOCATE. MS.R.RAJITHA, ADVOCATE. RESPONDENTS: ------------------ 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 MR.V.A.MUHAMMED, ADVOCATE, FOR R1. MR.K.E.HAMZA, ADVOCATE, FOR R1. MR. A.J. VARGHESE, SR. GOVERNMENT PLEADER. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/07/2009, ALONG WITH W.P.(C) No.18349/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No.23220/2008 A P P E N D I X PETITIONER'S EXHIBITS: EXT. P1 : COPY OF JUDGMENT IN W.P.(C) No.22840/07 DTD. 10.8.07. EXT. P2 : COPY OF MEMO OF CHARGES DTD. 17.7.07. EXT. P3 : COPY OF PROCEEDINGS DTD. 13.8.07 OF R1. EXT. P4 : COPY OF JUDGMENT IN W.P.(C) No.25720/07 DTD. 23.8.07. EXT. P5 : COPY OF JUDGMENT IN W.P.(C) No.26636/07 DTD.6.9.07. EXT. P6 : COPY OF MEMO OF CHARGES DTD. 5.9.07. EXT. P7 : COPY OF REPLY DTD. 17.10.07 SUBMITTED BY THE PETITIONER BEFORE R3. EXT. P8 : COPY OF LETTER DTD. 22.12.2007 OF R3. EXT. P9 : COPY OF ORDER DTD. 5.1.08 OF R3. EXT. P10 : COPY OF ORDER DTD. 8.2.08 OF R3. EXT. P11 : COPY OF LETTER ISSUED BY R1 DTD. 20.2.08. EXT. P12 : COPY OF MEMORANDUM OF APPEAL FILED BY PETITIONER BEFORE THE R4 DTD. 20.2.08. EXT. P13 : COPY OF ORDER DTD. 17.4.08 OF R4. EXT. P14 : COPY OF ORDER DTD. 21.7.08 OF R1. FIRST RESPONDENT'S EXHIBITS: EXT. R1(a) : COPY OF EXPLANATION OF PETITIONER DTD. 29.7.91. EXT. R1(b) : COPY OF - DO- DTD. 5.11.92. EXT. R1(c) : COPY OF COMPLAINT OF O.P. VISWAMBHARAN DTD.10.11.92. EXT. R1(d) : COPY OF -DO- TEACHERS OF THE SCHOOL DTD. 10.11.92. EXT. R1(e) : COPY OF -DO- SMT. MARY AND OTHERS DTD. 28.12.92. EXT. R1(f) : COPY OF MEMO No.C/89/92 OF MANAGER DTD. 1.12.92. WP(C).No.23220/2008 EXT. R1(g) : COPY OF ORDER No.C/22/93 OF MANAGER DTD. 30.3.93. EXT. R1(h) : COPY OF RELINQUISHMENT OF PETITIONER DTD. 12.11.92. EXT. R1(i) : COPY OF COMPLAINT OF SRI. JOSE T.G. DTD. 9.5.05. EXT. R1(j) : COPY OF WARNING LETTER OF MANAGER DTD. 11.5.05. EXT. R1(k) : COPY OF NOTICE OF MANAGER DTD. 11.5.05. EXT. R1(l) : COPY OF LETTER OF DISTRICT PROJECT OFFICER. EXT. R1(m) : COPY OF ORDER OF DIST. EDL. OFFICER DTD. 7.5.07. EXT. R1(n) : COPY OF LETTER OF MANAGER DTD. 3.8.07. EXT. R1(o) : COPY OF LETTER OF MANAGER DTD. 16.8.07. EXT. R1(p) : COPY OF LETTER OF MANAGER DTD. 25.8.07. EXT. R1(q) : COPY OF COMPLAINT FILED BEFORE THE VIGILANCE COURT DTD. 14.12.07. EXT. R1(r) : COPY OF LETTER OF HEADMASTER (IN-CHARGE) OF SCHOOL DTD. NIL. EXT. R1(s) : COPY OF LETTER OF MANAGER DTD. 26.10.07. EXT. R1(t) : COPY OF NOTICE OF DIRECTOR DTD. 29.2.08. EXT. R1(u) : COPY OF REPORT OF AUDIT PARTY DTD. 22.01.08. EXT. R1(v) : COPY OF JUDGMENT OF THIS HON'BLE COURT IN W.A. No.754/1983 DTD 13.2.86. EXT. R1(w) : COPY OF JUDGMENT OF THIS HON'BLE COURT IN W.A. 35/90 DTD. 7.2.90. EXT. R1(x) : COPY OF LETTER OF MANAGER DTD. 14.8.07. // True Copy // P.A. to Judge. smp T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) Nos.23220 OF 2008 & 18349 OF 2009 --------------------------------------- Dated this the 13th day of July, 2009. J U D G M E N T In W.P.(C) No.23220/2008, the petitioner is the Headmaster (under suspension) of the school and in the other writ petition (W.P.(C) No.18349/2009) Manager is the petitioner. In the former writ petition, the petitioner is aggrieved by Exhibit P14 issued by the Manager directing the petitioner to show cause why he should not be removed from service from the date of suspension. 2. The relevant facts necessary for the disposal of these writ petitions are the following: The petitioner in W.P.(C) No.23220/2008 was suspended from service with effect from 02.07.2007 by the Manager. That was challenged in W.P.(C) No.22840/2007 and this Court by Exhibit P1 judgment recorded the undertaking given by the Manager that W.P.(C) Nos.23220/08 & 18349/09 2 he is ready to withdraw the orders. Meanwhile, memo of charges were issued as per Exhibit P2 alleging financial irregularity. The order of suspension was recalled, but later by Exhibit P3, he was again suspended which was under challenge in W.P.(C) No.25720/2007. The matter was disposed of by Exhibit P4 judgment directing the 3rd respondent in the writ petition to consider the grievances raised by the petitioner. The 3rd respondent-Deputy Director of Education granted sanction for extension of suspension which was under challenge in W.P.(C) No.26636/2007. The petitioner was directed to avail the remedy of appeal and enquiry was also directed to be expedited as per Exhibit P5. Exhibit P6 is the fresh memo of charges issued and Exhibit P7 is the reply given by the petitioner. The petitioner has averred that the 3rd respondent directed the petitioner to be present on 22.10.2007 for the enquiry and later he passed Exhibit P9 order directing that the suspension shall continue and that further enquiry be conducted as per Rule 75 of Chapter XIV A K.E.R. Finally, by Exhibit P10, the Deputy Director of W.P.(C) Nos.23220/08 & 18349/09 3 Education took the view that the petitioner is liable to be dismissed from service. 3. It is the case of the petitioner that the order is passed without conducting any enquiry as contemplated under Rule 75 of Chapter XIVA of Kerala Education Rules. Exhibit P10 order was challenged in appeal before the Director of Public Instruction as per Exhibit P12. Exhibit P13 is the interim order passed by the Director of Public Instruction whereby the interim prayer to stay the proceedings was rejected and the Manager was directed to complete the disciplinary proceedings within a reasonable time. Subsequently the Manager issued Exhibit P14. Mainly it is contended that no enquiry was conducted by the Deputy Director of Education. This Court, by interim order dated 31.07.2008 stayed further action in the matter. 4. In W.P.(C) No.18349/2009, the case of the Manager is that Deputy Director of Education did not conduct a formal enquiry and as per his directions, the Manager issued a show cause notice calling for explanation for imposing of punishment of W.P.(C) Nos.23220/08 & 18349/09 4 removal from service. The said matter is under challenge in W.P.(C) No.23220/2008 filed by the Headmaster. It is pointed out therein that the Manager cancelled the proceedings by which show cause notice was issued, and then submitted Exhibit P26 representation before the Deputy Director of Education to conduct a formal enquiry as prescribed under Rule 75 of Chapter XIV A K.E.R. The Manager seeks for a direction to the Deputy Director of Education to complete the formal enquiry. 5. The pleadings show that Exhibit P14 in W.P.(C) No.23220/2008 has been withdrawn by the Manager. This is clear from the averments contained in paragraph 16 of the counter affidavit filed by the Manager therein. What remains is consideration of appeal pending as Exhibit P12 filed by the petitioner in W.P.(C) No.23220/2008 before the Director of Public Instruction. The appeal is filed against Exhibit P10 order passed by the Deputy Director of Education. Since it is a statutory appeal, the same has to be disposed of by the Director of Public Instruction. Therefore, these writ petitions are disposed of in the W.P.(C) Nos.23220/08 & 18349/09 5 following terms: The Director of Public Instruction namely, 4th respondent in W.P.(C) No.23220/2008 will hear and dispose of Exhibit P12 appeal on merits within a period of six weeks from the date of receipt of a copy of this judgment, with notice to the petitioner and the Manager. Depending upon the order passed by the Director of Public Instruction, further action to conduct enquiry will be taken by the Deputy Director of Education in the matter. Since Exhibit P14 show cause notice has already been withdrawn by the Manager, the validity of the same does not arise for consideration. No costs. T.R. RAMACHANDRAN NAIR JUDGE smp