IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 8TH JANUARY 2008 / 18TH POUSHA 1929 WP(C).No. 954 of 2008(L) ------------------------ PETITIONER: ------------ JACOB.P.J., S/O.CHACKO, AGED 37, PITTAPILLIL HOUSE, CHUNGATHARA P.O., NILAMBUR-679 334. BY ADV. SRI.S.SREEKUMAR SRI.P.MARTIN JOSE RESPONDENTS: ------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY (EDUCATION DEPARTMENT) GOVERNMENT SECRETARIAT, TRIVANDRUM. 2. ASSISTANT EDUCATION OFFICER, NILAMBUR. 3. THE DISTRICT EDUCATIONAL OFFICER, WANDOOR P.O. 4. THE MANAGER, CORPORATE EDUCATIONAL AGENCY, DIOCESE OF BATHERY, BISHOP'S HOUSE, SULTHANBATHERY, PIN-673 592. BY GOVERNMENT PLEADER, SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08/01/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: S.SIRI JAGAN, J. ======================= W.P.(C) No. 954 of 2008(L) ======================= Dated this the 8th day of January, 2008 JUDGMENT The petitioner, a physical education teacher in an aided school, was suspended pending criminal proceedings. Almost a year is over from the date of suspension. In the above circumstances, the petitioner has filed Ext.P4 petition for review of the suspension. Petitioner seeks expeditious disposal of Ext.P4. 2. I have heard the learned Government Pleader also. In the case of suspension pending criminal case also, the educational officer has a duty to consider whether the continuance of the suspension is warranted in the facts and circumstances of the case, in exercise of his powers under Rule 8 (A) rule 67 of Chapter A of KER. Accordingly, I direct the 2nd W.P.(C) No. 954/2008(L) -2- respondent to consider Ext.P4 in exercise of powers under Rule 67 (8A) of XIV A of KER taking into account the facts and circumstances of the case, particularly Ext.P7 and take a just and reasonable decision as to whether the continuance of suspension is warranted in those circumstances. This shall be done within a period of one month from the date of receipt of a copy of this judgment after affording an opportunity of being heard to the petitioner. The writ petition is disposed of as above. Sd/- S.SIRI JAGAN, JUDGE jp