IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE T.R.RAMACHANDRAN NAIR WEDNESDAY, THE 24TH AUGUST 2011 / 2ND BHADRA 1933 WP(C).No. 23029 of 2011(C) ------------------------------------ PETITIONER: --------------- JOSEPH XAVIER, NO.22A, SHANTHANA GARDENS, NALANCHIRA, THIRUVANANTHAPURAM, WORKING AS SECONDARY SCHOOL TEACHER, ST.JOHNS MODEL HIGHER SECONDARY SCHOOL, NALANCHIRA, THIRUVANANTHAPURAM. BY ADVS. SRI.P.SREEKUMAR SRI.K.S.MANU (PUNUKKONNOOR) SRI.P.S.SIDHAN SRI.V.K.RAJANANDAN RESPONDENTS: --------------- 1. STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695001 2. THE DIRECTOR OF HIGHER SECONDARY EDUCATION, HOUSING BOARD BUILDINGS, THIRUVANANTHAPURAM-695011 3. THE CORRESPONDENT, MSC SCHOOLS, PATTOM, THIRUVANANTHAPURAM-695005 BY GOVERNMENT PLEADER, SRI.V. VIJULAL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 24/08/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 23029 of 2011(C) APPENDIX EXHIBIT P1 : A TRUE COPY OF THE ORDER DATED 31.05.2011 ISSUED BY THE THIRD RESPONDENT TO THE PETITIONER EXHIBIT P2 : A TRUE COPY OF THE ORDER DATED 07.07.2011 OF THE SECOND RESPONDENT EXHIBIT P3 : A TRUE COPY OF THE PETITION DATED 16.08.2011 SUBMITTED BEFORE THE FIRST RESPONDENT TRUE COPY P.A. TO JUDGE ln T.R.RAMACHANDRAN NAIR, J. ------------------------------------- W.P.(C)No.23029 Of 2011-C -------------------------------------------------- DATED THIS THE 24th DAY OF AUGUST, 2011 J U D G M E N T The petitioner, who is working as Higher Secondary School Teacher under the 3rd respondent, is presently under suspension. Exhibit P1 is the copy of the suspension order issued by the Manager, the 3rd respondent. 2. A reading of Exhibit P1 order of suspension shows that the same is issued in the light of a letter dt.26.5.2011 of the Joint Director of Higher Secondary Education. It is pointed out by the learned counsel for the petitioner that even though by Exhibit P2 an Enquiry Officer has been appointed to conduct enquiry, nothing has materialised so far. It is in these circumstances that the petitioner has filed representation before the Government as per Exhibit P3, seeking to cancel the order of suspension and to reinstate him in service. 3. It is upto the Government to take a decision in the matter, after hearing all the parties. There will be a direction to the Government to take a decision on Exhibit P3 after hearing the W.P.(C)No.23029/11 -2- petitioner and the 3rd respondent within a period of two months from the date of receipt of a copy of this judgment. The petitioner will forward a copy of the Writ Petition along with a copy of this judgment to the Government for compliance. The Writ Petition is disposed of as above. Sd/-(T.R.RAMACHANDRAN NAIR, JUDGE) dsn