IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 25TH AUGUST 2008 / 3RD BHADRA 1930 WA.No. 1392 of 2006(E) --------------------------------- AGAINST THE JUDGEMENT IN W.P.(C).NO.1828/2006 DATED 07/07/2006 .................... APPELLANT/ PETITIONER IN W.P.(C): ----------------------------------------------------- THE MANAGER, S.N.U.P.SCHOOL, NALLEMADANCHALLA, VELAYODI P.O., PALAKKAD DISTRICT. BY ADV. SRI. K.R.B.KAIMAL (SR.). RESPONDENTS: ----------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. THE ASSISTANT EDUCATIONAL OFFICER, CHITTOOR, PALAKKAD. 3. P.C. RAMAKRISHNAN, HEADMASTER (UNDER SUSPENSION) S.N.U.P.SCHOOL, NALLAMADANCHALLA, VELAYODI P.O., PALAKKAD DISTRICT. 4. SMT.K. SACHU, ASST.TEACHER (UNDER SUSPENSION), S.N. U.P. SCHOOL, NALLAMADANCHALLA, VELAYODI P.O., PALAKKAD DISTRICT. 5. SOBHANA. P., ASSISTANT TEACHER S.N.U.P.SCHOOL, NALLAMADANCHALLA. 6. M. MOHANAN, ASSISTANT TEACHER, DO. DO. W.A. NO. 1392/2006-E: 7. J. KUMARI JUNITH, ASSISTANT TEACHER, DO. DO. 8. VISWANATHAN. V., PEON, S.N.U.P. SCHOOL, NALLAMADANCHALLA. 9. RADHA. R., ASSISTANT TEACHER, S.N.U.P. SCHOOL, NALLAMADANCHALLA. 10. MANJULA. C., ASSISTANT TEACHER, DO. DO. 11. RESMI. P., ASSISTANT TEACHER DO. DO. 12. M. AMBUJA, ASSISTANT TEACHER, DO. DO. 13. T. MANJULA, ASSISTANT TEACHER DO. DO. 14. INDU. N.Y., ASSISTANT TEACHER, DO. DO. 15. OMANA P.C., F.T.SANSKRIT TEACHER DO. DO. 16. HAJARA BEEVI. M., F.T. URDU TEACHER DO. DO. 17. K.B. JEEJA, ASSISTANT TEACHER, DO. DO. GOVT. PLEADER SRI. BENNY GERVACIS FOR R1 & R2, BY ADV. SRI.K.T. SYAMKUMAR, SRI.N.N.SUGUNAPALAN (SR.) FOR R3, SRI.S.SUJIN FOR R3, SRI.A.BIJU MANOHAR FOR R6 TO R17. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 25/08/2008, ALONG WITH W.P.(C). NO. 19125/2006, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: prv. J.B. Koshy & Thomas P. Joseph, JJ. -------------------------------------- W.A. No.1392 of 2006 and W.P.(C)No.19125 of 2006 --------------------------------------- Dated this the 25th day of August, 2008 Judgment Koshy,J. Petitioner is the Manager of S.N.U.P. School. Headmaster and his wife were charge-sheeted mainly for the reason that the service records of a peon were missing and were suspended pending enquiry, but, suspension was only for 15 days. Despite orders of reinstatement, that was not done. By Ext.P9 order, Government felt that the charges were minor and, therefore, reinstatement was ordered without prejudice to the right of conducting enquiry. The order is dated 3.1.2006. Due to the failure of reinstatement, petitioner was disqualified to be the Manager. That is under challenge in W.P.(C) No.19125 of 2006. Even though it was initially stayed, when stay was extended giving right to claim salary paid for the period when the teacher was not reinstated under rule 67 (8) A of Chapter 14A of Kerala Education Rules. 2. Now, it is submitted that Ext.P9 stands implemented fully and teachers were reinstated and most of the salary was also paid. Manager has raised no objection for the period W.A.No. 1392/2006 & WP(C) No.19125/2006 2 the teacher was out of service after reinstatement and after paying the salary, Government can claim salary from the Manager as per rules and that right of the Government is protected. The only contention now raised against Ext.P9 is that there is a finding regarding the seriousness of the misconduct. The headmaster submitted that the missing files were reconstituted and he is not responsible for earlier missing also and everything happened due to mal-administration of the school. Whatever that may be, Ext.P7 observation was done while considering the question whether suspension pending enquiry should be continued or not. Hence, we hold that enquiry can be conducted untrammeled by this finding. We make it clear that since Ext.P9 order was implemented, the Manager need not be debarred subject to the right of the Government in recovering the salary paid. The writ appeal and the writ petition are disposed of accordingly. J.B.Koshy Judge Thomas P. Joseph Judge vaa W.A.No. 1392/2006 & WP(C) No.19125/2006 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- W.A. No.1392/2006 and W.P.(C) No.19125/2006 ------------------------------------- Judgment Dated:25th August, 2008