IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR TUESDAY, THE 26TH JULY 2011 / 4TH SRAVANA 1933 WP(C).No. 14051 of 2011(F) --------------------------------------- PETITIONER(S): ----------------------- SREEKUMAR. N, UPSA, AGRM HIGHER SECONDARY SCHOOL, VALLIKUNNAM, MAVELIKARA TALUK. BY ADV. SRI.K.SASIKUMAR, SMT.T.SUDHA DEVI. RESPONDENT(S): -------------------------- 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001. 2. DEPUTY DIRECTOR OF EDUCATION, ALAPPUZHA-688 001. 3. DISTRICT EDUCATIONAL OFFICER, MAVELIKARA-690 101. 4. HEAD MASTER, AGRM HIGHER SECONDARY SCHOOL, VALLIKUNNAM, PUTHENCHANTHA (PO), MAVELIKARA TALUK-690 501. 5. MANAGER, AGRM HIGHER SECONDARY SCHOOL, VALLIKUNNAM, PUTHENCHANTHA (PO), MAVELIKARA TALUK-690 501. R1 TO R3 BY GOVT. PLEADER MR.V. VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 26/07/2011,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: rs WP(C).No. 14051 of 2011(F) APPENDIX PETITIONER'S EXHIBITS: EXT.P1: COPY OF THE LETTER DATED 24/06/2010 FORWARDED BY THE 1ST RESPONDENT TO THE 2ND RESPONDENT. EXT.P2: COPY OF THE LETTER DATED 06/07/2010 ISSUED BY THE 2ND RESPONDENT TO THE 5TH RESPONDENT. EXT.P3: COPY OF THE ORDER DATED 20/08/2010 ISSUED BY THE 5TH RESPONDENT. EXT.P4: COPY OF THE ORDER DATED 05/09/2010 ISSUED BY THE 5TH RESPONDENT. EXT.P5: COPY OF THE LETTER DATED 24/02/2011 FORWARDED BY THE 2ND RESPONDENT TO THE 1ST RESPONDENT. EXT.P6: COPY OF THE REPRESENTATION DATED 11/04/2011 FORWARDED BY THE PETITIONER TO THE 2ND RESPONDENT. RESPONDENT'S EXHIBITS: NIL. //TRUE COPY// P.A. TO JUDGE rs T.R. RAMACHANDRAN NAIR, J. ~~~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C). No.14051/2011-F ~~~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 26th day of July, 2011 J U D G M E N T The petitioner who was working as Upper Primary School Assistant in the schoo1 managed by the fifth respondent has filed this writ petition seeking for a direction to the first respondent to pass orders on Ext.P5 forwarded by the second respondent expeditiously. The further prayer made in the writ petition is to direct the second respondent to conclude the disciplinary proceedings initiated against the petitioner and to disburse the salary and allowances with arrears. 2. The petitioner was suspended from service as evident from Ext.P3 order passed by the fifth respondent. Later, he was reinstated in service as per Ext.P4. It is averred in the writ petition that the third respondent thereafter conducted a detailed enquiry by issuing a charge memo and after taking evidence from the students, teachers and Headmaster etc.. It is averred further that in the report it was W.P.(C). No.14051/2011 -:2:- found that the allegations are baseless. Finally, by Ext.P5 permission of the Government was sought with regard to the completion of the disciplinary proceedings by imposing a minor penalty and to stop further action and to pay eligible salary. Since there is undue delay in the matter, the petitioner filed this writ petition. 3. Learned counsel for the petitioner produced before me for perusal a Government Letter No.5381/H2/2011/Gl.Edn., dated 11/02/2011 by which the Government has issued an appropriate direction to the Deputy Director of Education. By the said letter, it is directed that the disciplinary proceedings may be completed after imposing minor penalty by issuing an appropriate direction to the Manager. There is a further direction that salary can be disbursed if he is otherwise eligible. 4. Evidently, now it is for the Manager to complete the disciplinary action in terms of the direction issued by the Government. Therefore, it is upto the second respondent to communicate the decision W.P.(C). No.14051/2011 -:3:- of the Government to the Manager for appropriate action and on receipt of the same, the fifth respondent will take appropriate action to complete the disciplinary proceedings against the petitioner in terms of the directions issued by the Government within two months. Depending upon the same, the eligible salary of the petitioner will be released. The writ petition is disposed of as above. No costs. The petitioner will forward a copy of the writ petition along with a certified copy of the Judgment to the Deputy Director of Education for compliance. Sd/- (T.R. Ramachandran Nair, Judge.) ms