IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE A.K.BASHEER WEDNESDAY, THE 13TH JUNE 2007 / 23RD JYAISHTA 1929 WP(C).No. 20564 of 2006(W) -------------------------- PETITIONER: ------------ BIJALY ABRAHAM, W/O. JOY SCARIA, AGED 48 YEARS, HIGH SCHOOL ASSISTANT ST.THOMAS HIGH SCHOOL, THOTTACKAD, KOTTAYAM DISTRICT. BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: ------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DIRECTOR OF PUBLIC INSTRUCTION JAGATHY, TRIVANDRUM-14. 3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM. 4. THE DISTRICT EDUCATIONAL OFFICER, KOTTAYAM. 5. THE MANAGER, ST.THOMAS HIGH SCHOOL, THOTTACKAD, KOTTAYAM DISTRICT. 6. SRI.P.M. NINAN, HEADMASTER ST.THOMAS HIGH SCHOOL, THOTTACKAD, KOTTAYAM DISTRICT. 7. SRI.K.V. JOSEPH, CLERK, ST.THOMAS HIGH SCHOOL, THOTTACKAD, KOTTAYAM DISTRICT. BY ADV. SRI.JOHNSON MANAYANI SRI.P.GOPAL SRI.PIUS K NEDUMGATTU GOVERNMENT PLEADER SRI. A.J. VARGHESE THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 13/06/2007, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WPC NO.20564/06 APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE COMMUNICATION NO.RB-5/5314/04 OF THE 4TH RESPONDENT EXT.P2 COPY OF THE ORDER OF SUSPENSION ISSUED BY THE MANAGER IN FAVOUR OF THE 6TH RESPONDENT (NO.1/2004) EXT.P3 COPY OF THE -DO- NO.2/2004 IN FAVOUR OF THE 7TH RESPONDENT EXT.P4 COPY OF THE ORDER NO.B2/13994/04 OF THE 3RD RESPONDENT EXT.P5 COPY OF THE ORDER OF EXTENSION OF SUSPENSION ISSUED BY MANAGER (NO.5/2004) EXT.P6 COPY OF THE ENQUIRY REPORT OF 3RD RESPONDENT (NO.B2/13994/04) IN FAVOUR OF THE 6TH RESPONDENT EXT.P7 COPY OF THE -DO- OF THE 4TH RESPONDENT IN FAVOUR OF THE 7TH RESPONDENT (NO.B5-5134/04) EXT.P8 COPY OF THE SHOW CAUSE ISSUED BY THE MANAGER IN FAVOUR OF THE 6TH RESPONDENT EXT.P9 COPY OF THE -DO- 7TH RESPONDENT EXT.P10 COPY OF THE LETTER OF THE MANAGER IN FAVOUR OF THE 6TH RESPONDENT EXT.P11 COPY OF THE -DO- 7TH RESPONDENT EXT.P12 COPY OF THE G.O.(Rt) NO.5128/05/G1. Edn. OF THE GOVERNMENT EXT.P13 COPY OF THE G.O.(Rt) NO. 3013/2006/G.Edn. OF THE GOVERNMENT EXT.P14 COPY OF THE LETTER NO.B5/1751/06 OF THE DIST. EDL. OFFICER EXT.P15 COPY OF THE EXTRACT OF THE REGISTER SHOWING LEFT WITH T.C. EXT.P16 COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN W.A. NO.754/1983 RESPONDENT'S EXHIBITS: EXT.R7(a) COPY OF THE PETITION FILED BY THE 7TH RESPONDENT EXT.R5(a) COPY OF THE ORDER OF THE DEPUTY DIRECTOR OF EDUCATION ALONG WITH A COPY OF THE CONSTITUTION OF THE SCHOOL EXT.R5(b) COPY OF THE LETTER OF DISTRICT EDUCATIONAL OFFICER DT. 17.5.06 EXT.R5(c) COPY OF THEMEMO DT. 29.5.06 ISSUED BY THE 5TH RESPONDENT TO THE 6TH RESPONDENT EXT.R5(d) COPY OF THE EXPLANATION DT. 31.5.06 OF THE 6TH RESPONDENT WPC NO.20564/06 EXT.R5(e) COPY OF THE LETTER DT. 2.6.06 ISSUED BY 6TH RESPONDENT TO THE 5TH RESPONDENT EXT.R5(f) COPY OF THE LETTER ISSUED BY THE 5TH RESPONDENT TO THE DISTRICT EDUCATIONAL OFFICER DT. 2.6.06 EXT.R6(a) COPY OF THE PETITION FILED BY THE 6TH RESPONDENT. /TRUE COPY/ PA TO JUDGE. A.K. BASHEER, J. -------------------------- W.P.(C). NO. 20564 OF 2006 --------------------- Dated this the 13th day of June, 2007 J U D G M E N T Having heard learned counsel for the parties at the Bar, I am satisfied that it is not necessary to refer to their rival contentions at this stage. As rightly pointed out by learned counsel for the petitioner, the impugned order (Ext.P13) does not show that petitioner was heard before passing the said order. Therefore, Ext.P13 order is set aside. Respondent No.1 shall take a decision in the matter afresh in accordance with law as expeditiously as possible, at any rate, within a period of three months from the date of receipt of a copy of this judgment. Respondent No.1 shall ensure that the petitioner and respondents 5 to 7 are afforded sufficient opportunity to be heard before any decision is taken in the matter. Petitioner shall produce a certified copy of this judgment along with a copy of the writ petition before respondent No.1 for compliance. The writ petition is disposed of as above. A.K. BASHEER, JUDGE vps A.K. BASHEER, JUDGE OP NO.20954/00 JUDGMENT 1ST MARCH, 2007