IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 31ST AUGUST 2011 / 9TH BHADRA 1933 WP(C).No. 23636 of 2011(D) -------------------------- PETITIONER(S): --------------- K.J.SEBASTIAN, S/O.JOSEPH,AGED 39,CLERK, S.S.M.V.H.S.S.EDAKKAZHIYOOR, RESIDING AT KOMBAN HOUSE,PALAYOOR, CHAVAKKA P.O. 680 506. BY ADV. SRI.S.SREEKUMAR, SENIOR ADVOCATE SRI.M.A.MOHAMMED SIRAJ SRI.P.PRIJITH SRI.ANEESH JAMES RESPONDENT(S): --------------- 1. THE DIRECTOR, VOCATIONAL HIGHER SECONDARY EDUCATION, DIRECTORATE OF VOCATIONAL HIGHER SECONDARY EDUCATION,HOUSING BOARD BUILDING, TRIVANDRUM PIN 695 001. 2. MANAGER, SEETHI SAHIB MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL,EDAKKAZHIYOOR, CHAVAKKAD 680 506. GOVERNMENT PLEADER, SHRI V.VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 31/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23636 of 2011 APPENDIX PETITIONER'S EXTS: EXT.P1 TRUE COPY OF THE ORDER DT.9/2/2011 ISSUED BY THE 2ND RESPONDENT. EXT.P2 TRUE COPY OF THE LETTER DT.24/5/2011 FROM THE PRINCIPAL OF SCHOOL TO THE PETITIONER. EXT.P3 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO THE PRINCIPAL DT.NIL. EXT.P4 TRUE COPY OF THE NOTICE DT.25/4/2011 FROM THE OFFICE OF REGIONAL OFFICE VHSE TO THE PRINCIPAL. EXT.P5 TRUE COPY OF THE ORDER DT.22/7/2011 OF THE SESSIONS COURT, THRISSUR EXT.P6 TRUE COPY OF THE ORDER DT.1/8/2011 OF THE MANAGER, SSMVHSS, EDAKKAZHIYUR EXT.P7 TRUE COPY OF THE MEMO OF CHARGES DT.1/8/2011 AND A STATEMENT OF ALLEGATIONS. EXT.P8 TRUE COPY OF THE REPRESENTATION DT.9/8/2011 TO THE 1ST RESPONDENT SUBMITTED BY THE PETITIONER. EXT.P9 TRUE COPY OF THE ORDER GO MS 31/10/G.EDN. DT.24/2/2010 EXT.P10 TRUE COPY OF THE REPLY STATEMENT DT.9/8/2011 TO EXT.P7 MEMO OF CHARGES EXT.P11 TRUE COPY OF THE ACKNOWLEDGEMENT ISSUED BY THE PRINCIPAL IN CHARGE OF THE SCHOOL DT.16/08/2011 EXT.P12 TRUE COPY OF THE ACKNOWLEDGEMENT SIGNED BY TWO TEACHERS OF THE SCHOOL DT.17/08/2011. RESPONDENTS' EXTS: NIL \\TRUE COPY// P.A TO JUDGE T.R. Ramachandran Nair, J. - - - - - - - - - - - - - - - - - - - - - - - - W.P.(C) No.23636 of 2011 - - - - -- - - - - - - - - - - - - - - - - - - - - Dated this the 31st day of August, 2011. JUDGMENT The petitioner is aggrieved by the order of suspension issued by the Manager. The petitioner is working as a Clerk in the school managed by the second respondent. In fact, on an earlier occasion a disciplinary action was initiated against him, which was finalised by Ext.P1 order. Only a punishment of strict warning has been ordered therein. 2. Ext.P6 is the copy of the order of suspension and Ext.P7 is the copy of the memo of charges and statement of allegations. The petitioner has already approached the first respondent by filing Ext.P8 representation seeking to reinstate him in service after cancelling the order of suspension. 3. Various contentions have been raised in the writ petition. It is pointed out that the Government has extended the provisions of Chapter XIV-A K.E.R., as far as disciplinary actions are concerned, to Vocational Higher Secondary Schools also and therefore the proceedings issued by the Manager cannot be sustained. All these are matters for the first respondent to consider. 4. There will be a direction to the first respondent to take a decision 2 on Ext.P8 after notice to the petitioner and the Manager, within a period of six weeks from the date of receipt of a copy of this judgment. The writ petition is disposed of as above. The petitioner will forward a copy of this judgment along with a copy of this writ petition before the first respondent for compliance. No costs. Sd/- (T.R. Ramachandran Nair, Judge.) kav/