IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 13TH OCTOBER 2009 / 21ST ASWINA 1931 WP(C).No. 17904 of 2009(G) --------------------------------------- PETITIONER: ------------------- T.SUMATHI, AGED 48 YEARS, D/O.KELAPPAN, SURAG BHAVAN, CHOKLI P.O., THALASSERY TALUK, KANNUR DISTRICT. BY ADV. MR.P.M.HABEEB. RESPONDENTS: ------------------------ 1. DEPUTY DIRECTOR OF EDUCATION, CALICUT. 2. DISTRICT EDUCATIONAL OFFICER, CALICUT. 3. ASST.EDUCATIONAL OFFICER, NADAPURAM P.O. KALLACHI. 4. MANAGER, ELAYIDAM BV LP SCHOOL, KADAMERY P.O., VADAKARA TALUK. 5. P.O.AJI, H.M., ELAYIDAM BV LP SCHOOL, KADAMERY P.O., VADAKARA TALUK. R1 TO R3 BY SR. GOVT. PLEADER SMT. T.B. REMANI R4 BY ADV. MR.T.K.KUNHABDULLA. THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/10/2009,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C). NO.17904/2009-G: APPENDIX PETITIONERS' EXHIBITS: EXT.P.1: COPY OF THE COMPLAINT TO A.E.O. EXT.P.2: COPY OF THE POSTAL RECEIPT DTD. 06/04/2009. EXT.P.3: COPY OF THE REPLY TO THE R.4. EXT.P.4: COPY OF THE POSTAL RECEIPT OF THE EXT.P.3. EXT.P.5: COPY OF THE MEMO DTD. 22/04/2009 RECEIVED BY THE PETITIONER. EXT.P.6: COPY OF THE REPLY TO EXT.P.5 BY THE PETITIONER. EXT.P.7: COPY OF THE POSTAL RECEIPT DTD. 08/05/2009 OF EXT.P.6. EXT.P.8: COPY OF THE ACKNOWLEDGEMENT DUE DTD. 18/05/2009 OF EXT.P.7. EXT.P.9: COPY OF THE SUSPENSION ORDER DTD. 27/05/2009. EXT.P.10: COPY OF THE REPLY GIVEN TO R.2. BY THE PETITIONER. EXT.P.11: COPY OF THE LETTER TO THE R.1. BY THE PETITIONER. EXT.P.12: COPY OF THE COMMUNICATION OF THE R.4. DTD. NIL SIGNED ON 16/07/09 RECEIVED BY THE PETITIONER FROM THE R.4. EXT.P.13: COPY OF THE PROCEEDINGS DTD. 10/06/09 NO.C/2454/09 OF THE R.1. RESPONDENTS' EXHIBITS: EXT.R4.(1): COPY OF THE REPORT DTD. 31/03/2009 OF THE HEAD MASTER TO THE R.4. EXT.R4.(2): COPY OF THE FACTUAL REPORT DTD. 31/03/2009 OF THE PTA AND TEACHING STAFF. EXT.R4.(3): COPY OF THE ORDER NO.1/09 DTD. 01/04/2009 OF THE R.4. EXT.R4.(4): COPY OF THE PROCEEDINGS DTD. 01/04/2009 OF THE HEADMASTER. EXT.R4.(5): COPY OF THE ORDER NO.C/2454/2009 DTD. 10/06/2009 OF THE R.3. EXT.R4.(6): COPY OF THE ORDER NO.4/09 DTD. 10/06/2009 OF THE R.4. EXT.R4.(7) SERIES: COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DTD. 27/07/2009 ISSUED BY THE R.4. TO THE PETITIONER. //TRUE COPY// P.A. TO JUDGE. Prv. T.R. RAMACHANDRAN NAIR, J. --------------------------------------- W.P.(C) No.17904 OF 2009 --------------------------------------- Dated this the 13th day of October, 2009. J U D G M E N T The petitioner who had been working as Teacher in the Elayidam BV LP School, Vadakara Taluk seeks to challenge Exhibit P9 order of suspension issued by the Manager. It is stated that she is the senior most teacher next to the Headmistress. It is evident from Exhibit P13 that the Assistant Educational Officer has granted permission to continue the period of suspension beyond 15 days. 2. Heard the learned counsel for the petitioner, learned Government Pleader and the learned counsel appearing for the Manager. 3. In the counter affidavit filed by the Manager, it is averred that the Manager is taking steps to approach the 3rd respondent for holding a formal enquiry about the memo of charges and statements levelled against the petitioner as per Rule 75 of Chapter XIV A of Kerala Education Rules. It is W.P.(C) No.17904/2009 2 relevant therefore to see that the enquiry is conducted within the specified time. Therefore, the Assistant Educational Officer namely, the 3rd respondent is directed to complete the disciplinary enquiry against the petitioner within a period of four months from the date of receipt of a copy of this judgment. In the meanwhile, the petitioner will be free to challenge Exhibits P9, P12 and P13 before the concerned authority. If an appeal is filed by the petitioner within a period of two weeks from today, the same shall be entertained and appropriate orders shall be passed, after hearing the petitioner and the Manager. The petitioner has got a further case that the petitioner is entitled to be promoted as Headmistress. The said issue can also be agitated by the petitioner before the statutory authority. With liberty to do so, this writ petition is disposed of. T.R. RAMACHANDRAN NAIR JUDGE smp