IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 8TH APRIL 2009 / 18TH CHAITHRA 1931 WP(C).No. 9497 of 2009(F) ------------------------------------ PETITIONER(S): ------------------------ R.THULASIDAS (RETIRED HEADMASTER, LUTHERAN UPS PONVILA, NEYYATTINKARA, EDUCATIONAL SUB DISTRICT RESIDING AT SUSEEL DHARA, PONVILA, AYIRA P.O. PARASSALA. BY ADV. MR.P.GOPALAKRISHNAN NAIR RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT, GENERAL EDUCATION DEPARTMENT SECRETARIAT, THIRUVANANTHAPURAM. 2. DIRECTOR OF PUBLIC INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM. GOVT. PLEADER MR.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/04/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.Ravindran, J. ================== W.P.(C) No.9497 of 2009 ===================== Dated this the 8th day of April, 2009. JUDGMENT Heard Sri. P.Gopalakrishnan Nair, the learned counsel appearing for the petitioner and Sri. T.T.Muhamood, the learned Government Pleader appearing for the respondents. 2. The petitioner retired from service on 30.4.2000 while he was serving as the Headmaster of an aided UP School. While in service, he was placed under suspension by the Director of Public Instruction by Ext.P5 order dated 7.1.1998. A departmental enquiry was conducted against the petitioner. The Enquiry Officer found the petitioner guilty of the charges. The Manager took the stand that the petitioner is innocent. The Director of Public Instruction took exception to the conduct of the Manager and passed Ext.P13 order directing that the period during which the petitioner was under suspension shall be treated as eligible leave. Aggrieved by the finding in the enquiry report and the order passed by the Director of Public Instruction, the petitioner moved the Government in revision. By Ext.P16 order passed on 10.12.2008, the Government declined to interfere with the order passed by the Director of Public Instruction and held that the period of suspension from 7.1.1998 to 19.10.1998 will be treated as duty only for the limited purpose of pension. Ext.P16 is under challenge in this Writ petition. WP(C) 9497/09 -: 2 :- 3. The learned counsel appearing for the petitioner submits that Ext.P16 was passed on a revision petition filed by the petitioner without notice to and affording him a reasonable opportunity of being heard. The learned Government Pleader appearing for the respondents on instructions submits that before Ext.P16 order was passed, the petitioner was not put on notice or heard. I am therefore prima facie satisfied that Ext.P16 cannot be sustained. In the result, Ext.P16 is quashed and the respondents are directed to consider the representation submitted by the petitioner and pass orders thereon after affording the petitioner and the Manager a reasonable opportunity of being heard. Final orders in the matter shall be passed within three months from the date on which the petitioner produces a certified copy of this judgment before the Secretary to Government, General Education Department. P.N.Ravindran, Judge. ess