IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN THURSDAY, THE 28TH JANUARY 2010 / 8TH MAGHA 1931 WP(C).No. 34188 of 2009(P) --------------------------------------- PETITIONER(S): ---------------------- V.K. KOUSALIA, MANAGER, P.N.U.P SCHOOL, KANNJIRAMUKKU, PONNANI, MALAPPURAM DISTRICT. BY ADVS.MR.N.SUKUMARAN MR.S.SHYAM MR.BOBBYMATHEW KOOTHATTUKULAM RESPONDENT(S): ----------------------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY TO GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. 2. DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM.P.O, MALAPPURAM DISTRICT. 3. THE DISTRICT EDUCATION OFFICER, TIRUR, TIRUR.P.O, MALAPPURAM DISTRICT. 4. THE ASSISTANT EDUCATION OFFICER, PONNANI, PONNANI.P.O, MALAPPURAM DISTRICT. 5. THE TAHSILDAR, PONNANI TALUK, PONNANI.P.O, MALAPPURAM DISTRICT. BY GOVT. PLEADER MR.SANDESH RAJA THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 28/01/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C) NO.34188/2009 APPENDIX PETITIONER'S EXHIBITS P1:- COPY OF THE ORDER ISSUED BY THE PETITIONER TO SMT.M.P.GEETHA, DTD. 17.3.04. P2:- COPY OF THE EXTENSION ORDER ISSUED BY THE 4TH RESPONDENT DTD. 31.3.04. P3:- COPY OF THE ORDER OF THE IST RESPONDENT DTD. 13.4.05. P4:- COPY OF THE JUDGMENT OF THE HON'BLE HIGH COURT OF KERALA DTD. 19.1.06 IN WPC. 993 AND 1211 OF 06. P5:- COPY OF THE JUDGMENT OF THIS HON'BLE COURT IN PC.14674/06 & 13035/06 DTD. 21.7.06. P6:- COPY OF THE ORDER OF THE IST RESPONDENT DTD. 22.9.06 BEARING G.O.(RT) NO.4096/06 DTD. 22.9.06. P7:- COPY OF THE LETTER ISSUED BY THE PETITIONER TO SMT.M.P.GEETHA DTD. 30.10.06. P8:- COPY OF THE ENQUIRY REPORT OF THE 2ND RESPONDENT DTD. 18.1.07. P9:- COPY OF THE LETTERR ISSUED BY THE PETITIONER TO THE 4TH RESPONDENT DTD. 17.3.07. P10:- COPY OF THE PROCEEDINGS OF THE 4TH RESPONDENT DTD. 28.4.08. P10(a):- COPY OF THE ANNEXURE NO.2 MENTIONED IN EXT.P10. P11:- COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER TO EXT.P10 DTD. 30.5.08. P12:- COPY OF THE LETTER ISSUED BY THE 4TH RESPONDENT TO 5TH RESPONDENT DTD. 22.10.09. TRUE COPY P.A. TO JUDGE tss SIRI JAGAN, J -------------------- W.P.©.NO.34188 OF 2009 ---------------------------------- DATED THIS THE 28TH DAY OF JANUARY, 2010 J U D G N E N T The petitioner is the manager of an aided U.P School. The petitioner suspended the headmaster pending disciplinary proceedings for 15 days. The period of suspension was extended as permitted by the 4th respondent by Ext.P2 order. The first respondent confirmed Ext.P2. This court directed reconsideration of Ext.P3 by Ext.P5 judgment in WP(c).Nos.13035 and 14674/2006. The Government by Ext.P6 order dated 22.09.2006, revoked the suspension and ordered reinstatement of the headmaster pending enquiry. On receipt of the same, the petitioner reinstated the headmaster on 30.10.2006. Pursuant to that, the headmaster joined duty on 1.11.2006. By Ext.P8, the Deputy Director who conducted the enquiry into the charges against the headmaster found that charges were not established. Pursuant to that, by Ext.P9 order the petitioner exonerated the headmaster from the charges. The 4th respondent sanctioned payment of the salary of the headmaster for the period from 17.3.2004, during which period the headmaster was under W.P.©.No.34188/2009 2 suspension. By Exts.P10 and P10(A), the petitioner was directed to show cause why Rs.3,86,486, paid to the headmaster as salary for the suspension period should not be recovered from the petitioner. Petitioner filed Ext.P11 explanation in reply to Ext.P10 (A). In the meanwhile coercive steps for recovery of the disputed amount has been initiated by Ext.P12. It is in the above circumstances, the petitioner has filed this writ petition seeking the following reliefs: a. Call for the records of the case leading upto Ext.P12; b. Quash Exts.P10, P10(A) and P12 by the issue of a writ of certiorari or other appropriate writ direction or order; c. Issue a writ of mandamus commanding the Respondents to drop all further proceedings on the basis of Ext.P10, P10(A) and P12. 2. I have heard the parties. 3. Exts.P10 and P10(A) are show cause notices directing the petitioner to show cause why the amount should not be recovered from him. The petitioner has submitted Ext.P11 objection also. That being so, without passing final orders pursuant to Exts.P10 and P10(A) after considering Ext.P11 objections of the petitioner, W.P.©.No.34188/2009 3 it is not fair to initiate coercive recovery proceedings. In the above circumstances, the writ petition is disposed of with the following directions: The 4th respondent shall finalise the proceedings pursuant to Ext.P10 and P10(A) by passing appropriate orders after considering Ext.P11 objections submitted by the petitioner. Until such orders are served on the petitioner, no coercive steps shall be initiated for recovery of the amount in question. SIRI JAGAN, JUDGE SOU.