IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN FRIDAY, THE 31ST OCTOBER 2008 / 9TH KARTHIKA 1930 OP.No. 25326 of 2000(M) ----------------------- PETITIONER(S): --------------- V.A. KURIAKOSE, (HEADMASTER ON DEMOTION), ST. RAPHAEL HIGH SCHOOL, VAKKAYL HOUSE, EZHUPUNNA, ALAPPUZHA DISTRICT. BY ADV. SRI.J.DEVADANAM RESPONDENT(S): ------------------- 1. FR. PAUL KARATHURUTHIL, MANAGER, ST. RAPHAEL'S HIGH SCHOOL, EZHUPUNNA P.O., ALAPPUZHA DISTRICT. 2. THE DEPUTY DIRECTOR OF EDUCATION, GOVERNMENT OF KERALA, ALAPPUZHA. 3. STATE OF KEARLA REPRESENTED BY THE SECRETARY TO THE DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT OF KERALA, STATE SECRETARIAT, TRIVANDRUM. ADV. SRI.J.JULIAN XAVIER FOR R1 SRI.FIROZ K.ROBIN SRI.SABU GEORGE FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 31 /10/2008 , THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 25326 of 2000 ORDER ON C.M.P.NO.42726 OF 2000 IN O.P.NO.25326 OF 2000 DISMISSED. 31.10.2008 SD/ S. SIRI JAGAN, JUDGE. APPENDIX EXT.P1: COPY OF THE ORDER NO.B1.27596/98 DATED 14.1.2000 ISSUED BY R2. EXT.P2: COPY OF THE ORDER NO.MH 3/2000 DATEDX 13.1.2000 ISSUED BY R1. EXT.P3: COPY OF THE ORDER NO.MH 4/2000 DATED 14.1.2000 ISSUED BY R1. EXT.P4: COPY OF THE ORDER NO.K. DIS/IV/5555/O.O/DPI DATED 22.5.2000 ISSUED BY THE DPI. EXT.P5: COPY OF THE ORDER NO. MH 4/2000 DTD 22.5.2000 ISSUED BY R1. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.25326 OF 2000 ---------------------------------------- Dated this the 31st day of October, 2008 JUDGMENT The petitioner was the Headmaster of an aided school, of which the 1st respondent was the manager. The 1st respondent initiated disciplinary proceedings against the petitioner on very serious allegations of misconducts, pursuant to which the Deputy Director of Education, Alappuzha conducted an enquiry and submitted a report finding the petitioner guilty of 17 misconducts out of 22 alleged against him. Based on the report, the 1st respondent proposed the punishment of compulsory retirement from service on the petitioner and sought approval for the same from the Deputy Director. However, the Deputy Director of Education did not give sanction for imposition of that punishment, instead directed the 1st respondent to impose the punishment of reduction to the lower post of HSA. The petitioner also challenged that part of the order of the Deputy Director, whereby sanction was accorded to impose the punishment of reversion and sought exoneration of the petitioner from the O.P.No.25326/2000 2 charges. Both were rejected by the Director of Public Instruction by Ext.P4. Accordingly, by Ext.P5 order the Manager imposed on the petitioner the punishment of reduction to the lower post of HSA from 1.6.1999. The same is under challenge in this original petition. 2. The petitioner does not challenge the validity of the enquiry as such. The petitioner has not even produced the copy of the enquiry report. The petitioner has also not challenged Ext.P4 order of the DPI wherein the DPI affirmed the findings in the enquiry report and found the petitioner guilty of certain misconducts. The entire contentions of the petitioner in the original petition appear to be against the findings of fact regarding the guilt of the petitioner. From the orders produced before me, I do not find any perversity in the findings, which alone would give me jurisdiction to interfere with such findings. The charges proved involve misappropriation of money, disobedience to the orders of the superior officers, dereliction of duty etc. For those misconducts, the punishment of reduction to a lower post does O.P.No.25326/2000 3 not appear to be disproportionate to the gravity of the misconducts also. Going by the age of the petitioner given in the affidavit accompanying the original petition, the petitioner must have retired from service also. For all the above reasons, I do not find any merit in the original petition and accordingly, the same is dismissed. S. SIRI JAGAN, JUDGE Acd O.P.No.25326/2000 4