IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN TUESDAY, THE 7TH DECEMBER 2010 / 16TH AGRAHAYANA 1932 WP(C).No. 29517 of 2010(L) --------------------------------------- PETITIONER(S): ------------------------- 1. THE MANAGER M.A.S.M, HIGHER SECONDARY SCHOOL VENMANAD, PAVARATTY PO, 680 507 2. SIBI K ITTICHAN PEON, M.A.S.M, HIGHER SECONDARY SCHOOL VENMANAD. BY ADVS. SMT.S.KARTHIKA SRI.M.S.UNNIKRISHNAN SRI.M.R.ANISON SMT.K.P.GEETHA MANI RESPONDENT(S): ------------------------ 1. STATE OF KERALA, REP BY ITS SECRETARY TO GOVT, VIGILANCE DEPARTMENT SECRETARAIT,THIRUVANANTHAPURAM 2. THE DIRECTOR VIGILANCE & ANTI CORRUPTION BUREAU TRIVANDRUM-33 3. THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD-23 *4TH RESPONDENT IMPLEADED. 4. THE DIRECTOR OF PUBLIC INSTRUCTION, THIRUVANANTHAPURAM. 695 001. *4TH RESPONDENT IMPLEADED AS PER ORDER DT.07/12/2010 IN IA, 17025/2010 R1 TO R3 BY GOVERNMENT PLEADER SMT.NISA BOSE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/12/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: tss W.P.(C) NO.29517/2010 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE APPOINTMENT ORDER OF SMT. JUBERIYA DTD. 8.9.08. P2:- COPY OF THE RESIGNATION LETTER OF SMT. JUBERIYA DTD. 6.9.08. P3:- COPY OF THE LETTER ISSUED BY THE 2ND RESPONDENT DTD. 8.2.08. TRUE COPY P.A. TO JUDGE tss K.T.SANKARAN, J. ------------------------------ W.P.(C).No.29517 OF 2010 ------------------------------ Dated this the 7th day of December, 2010 JUDGMENT The first petitioner is the Manager of M.A.S.M. Higher Secondary School, Venmanad, Pavaratty. The Manager appointed the second petitioner as Peon in the School in the resignation vacancy of Smt.Juberiya. It is stated that the resignation of Juberiya was accepted by the Manager on 6.9.2008. A proposal for approval of the appointment of the second petitioner was forwarded to the District Educational Officer. The grievance of the petitioner is that the District Educational Officer did not pass any order approving the appointment of the second petitioner and any order approving the resignation of Juberiya. 2. It is stated in the Writ Petition that on the basis of an anonymous petition, to the Deputy Superintendent of Police (Vigilance and Anti W.P.(C).No.29517 OF 2010 2 Corruption Bureau), Thrissur, a surprise visit was conducted in the school and Ext.P3 report dated 8.2.2008 was submitted to the Additional Chief Secretary to the Government, Vigilance Department . The allegation made in Ext.P3 report is that the Manager appointed his two daughters, namely, Juberiya and Fathima and though they were not really working in the school, their salary was drawn by the Manager. A surprise check was conducted by the Superintendent of Police (Vigilance and Anti Corruption Bureau) in the school. Ext.P3 report mentions about the action to be taken on the basis of the facts revealed in such surprise check. 3. The reliefs prayed for by the petitioners are the following: “a) to issue a writ of mandamus or other appropriate writ order or direction directing the 3rd respondent to approve the appointment of the 2nd petitioner as Peon in the 1st petitioner's school w.e.f. 8.9.2008 and sanction and disburse the salary due to him to the above post; b) to issue a writ of mandamus or other appropriate writ order or direction directing the 1st W.P.(C).No.29517 OF 2010 3 respondent to approve the resignation submitted by Smt.Juberiya Muslian Veettil, Kalissery from the post of Peon in the 1st petitioner's school w.e.f.6.8.2008, dehors Ext.P3; c) to issue a writ of mandamus or other appropriate writ order or direction directing the 3rd respondent to finalise the proceedings initiated by the 2nd respondent as per Ext.P3 report at the earliest. d) to issue a writ of certiorari or other appropriate writ order or direction to quash Ext.P3 report, since the same is prepared in flagrant violation of practice of Natural Justice; and e) pass such other and further orders as are deemed just and necessary in the facts and circumstances of the case.” 4. A statement dated 19th November, 2010 is filed on behalf of the third respondent in which it is stated that the proposal for approval of the appointment of the second petitioner and the resignation of Juberiya are kept pending. It is stated that the District Educational Officer conducted an enquiry on 10.10.2009. It is stated thus in the statement: “During the enquiry on 10.10.2009, no documentary evidence against the accused Peons, Smt.Fathima and Smt.Juberiya were found to prove the allegation against them”. W.P.(C).No.29517 OF 2010 4 It is also stated thus in the statement: “It is submitted that in this juncture it is also requested to Deputy Director of Education, Thrissur, Director of Public Instruction, Thiruvananthapuram and Secretary to Government to suggest further action in this regard, whether the resignation of Smt.Juberiya with effect from 6.9.2008 can be accepted in order to approve the substitutes appointment. No orders are passed by higher authorities.” 5. It is submitted by the learned counsel for the petitioners as well as the learned Government Pleader that, in the facts and circumstances mentioned above, the Director of Public Instruction is required to take a decision in the matter and intimate to the District Educational Officer as to what further steps should be taken in the matter of approval of the appointment of the second petitioner and the approval of resignation of Juberiya, on the basis of the request made by the District Educational Officer, as stated in paragraph 3 of the statement. Accordingly, the Writ Petition is disposed of as follows: W.P.(C).No.29517 OF 2010 5 The Director of Public Instruction shall suggest the further action to be taken by the District Educational Officer in the matter of approval of appointment of the second petitioner and the approval of the resignation of Juberiya, as requested by the District Educational Officer, as expeditiously as possible, and at any rate, within a period of two months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the petitioners. The petitioners shall produce a copy of the Writ Petition, a copy of I.A.No.17025 of 2010, a copy of the statement dated 19.11.2010 filed on behalf of the third respondent and a certified copy of the judgment before the Director of Public Instruction. All the other contentions raised by the petitioners in the Writ Petition are left open. K.T.SANKARAN, JUDGE. cms