IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE C.T.RAVIKUMAR MONDAY, THE 24TH MAY 2010 / 3RD JYAISHTA 1932 WP(C).No. 14786 of 2010(W) -------------------------- PETITIONER(S): --------------- C.C.PAULSON,S/O.C.P.CHERUKUTTY, AGED 48 YEARS,HIGH SCHOOL ASSISTANT(PHYSICAL SCIENCE) & ASSOCIATE N.C.C.OFFICER,GOVERNMENT NATIONAL BOYS HIGH SCHOOL,KODAKARA, (RESIDING AT CHERUVATHOOR HOUSE, PO ELINJIPRA- 680 721). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENT(S): --------------- 1. THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT,GENERAL EDUCATION DEPARTMENT,SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION, JAGATHY,TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, AYYANTHOLE, THRISSUR DISTRICT. 4. THE HEADMISTRESS, GOVERNMENT NATIONAL BOYS HIGH SCHOOL, KODAKARA, THRISSUR DISTRICT. BY GOVERNMENT PLEADER DILIP MOHAN, R1 TO R3 THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/05/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.T. RAVIKUMAR, J. - - - - - - - - - - - - - - - - - - - - - - - - - - - - W.P. (C) No. 14786 OF 2010 - - - - - - - - - - - - - - - - - - - - - - - - - - - - Dated this the 24th day of May, 2010 J U D G M E N T The petitioner is working as High School Assistant (Physical Science) in G.N.B.H School, Kodakara. He is also the NCC Officer of that school. Certain complaints were preferred against him by the then Headmistress of the school to the NCC Directorate. Pursuant to the same an officer from the Directorate enquired into the same and submitted Ext.P1 report. In the meanwhile the Deputy Director of Education also conducted a hearing in the matter and then issued Ext.P2 requiring him to show cause why disciplinary proceedings should not be initiated against him. they have issued. On 12.4.2010 the then Headmistress informed him that he was transferred to Government School, Kuzhur as part of the proceedings initiated against him based on the complaints preferred against him. The said order of transfer is ordered to be kept in abeyance as he is on census duty. According to the petitioner there is absolutely no reason for taking any action against him based on Ext.P1. Thereupon, against the order of transfer dated 30.3.2010 the petitioner filed Ext.P5 appeal WPC.14786/2010 : 2 : dated 29.4.2010 before the second respondent. The said appeal is still pending. The apprehension of the petitioner is that on completion of his census duty, the said order would be implemented. It is in the said circumstances that this writ petition has been filed. 2. In view of the order I propose to pass, I am not going into the merits of the contentions raised by the petitioner. Admittedly, Ext.P5 appeal preferred against Ext.P4 order of transfer dated 30.3.2010 against the petitioner is pending before the second respondent. Therefore, without making any observation as to the merits of the contentions, this writ petition is disposed of with a direction to the second respondent to consider and pass orders on Ext.P5 expeditiously, at any rate, within a period of two months from the date of receipt of a copy of this judgment. Considering the fact that the order dated 30.3.2010 is ordered to be kept in abeyance till 31.5.2010 it will only be appropriate to keep the same in abeyance so as to enable the petitioner to move the second respondent praying for a stay of implementation of Ext.P4 order. In case, the petitioner files such a petition within a period of two weeks from today, the same shall be WPC.14786/2010 : 3 : taken up by the second respondent and he shall pass orders thereon within two weeks. Till such date, Ext.P4 shall be kept in abeyance. Sd/- (C.T. RAVIKUMAR, JUDGE) jma //true copy// P.A to Judge