IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 12TH NOVEMBER 2010 / 21ST KARTHIKA 1932 WP(C).No. 11887 of 2010(I) PETITIONER: --------------- V.RETNAKARAN PILLAI, HEADMASTER, (TEACHER-IN-CHARGE), ANAKUDY UPS,VAMANAPURAM, THIRUVANANTHAPURAM-695 606.(UNDER SUSPENSION). BY ADV. SRI.B.RAGUNATHAN SRI.G.GOPALAKRISHNA PILLAI SRI.R.SRINATH RESPONDENTS: --------------- 1. SECRETARY,(MANAGER,ANAKUDY UPS), VAMANAPURAM GRAMA PANCHAYATH,VAMANAPURAM, THIRUVANANTHAPURAM-695 606. 2. ASSISTANT EDUCATIONAL OFFICER, PALODE,PACHA.P.O,THIRUVANANTHAPURAM.-695 507. 3. DEPUTY DIRECTOR OF EDUCATION, THIRUVANANTHAPURAM-695 036. GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 12/11/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 27.11.2007 ISSUED BY THE FIRST RESPONDENT. EXT.P2 TRUE COPY OF THE EXPLANATION DATED 8.12.2007 SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT. EXT.P3 TRUE COPY OF THE ORDER OF SUSPENSION DATED 31.1.2008 ISSUED BY THE FIRST RESPONDENT. EXT.P4 TRUE COPY OF THE ORDER OF EXTENSION OF THE PERIOD OF SUSPENSION DATED 28.7.2008 OF THE FIRST RESPONDENT. EXT.P5 TRUE COPY OF THE ORDER DATED 11.1.2010 OF THE SECOND RESPONDENT. EXT.P6 TRUE COPY OF THE LETTER DATED 13.1.2010 OF THE FIRST RESPONDENT. EXT.P7 TRUE COPY OF JUDGMENT DATED 15.9.2009 IN W.P.(C) NO.34751 OF 2003 K EXT.P8 TRUE COPY OF THE ORDER DATED 22.10.2009 OF THE SECOND RESPONDENT. EXT.P9 TRUE COPY OF THE LETTER DATED 21.7.2010 OF THE FIRST RESPONDENT TO THE SECOND RESPONDENT. EXT.P10 TRUE COPY OF LETTER NO.C.4871/10(UNDATED) OF THE SECOND RESPONDENT TO THE THIRD RESPONDENT. RESPONDENTS' EXHIBITS: NIL K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 11887 OF 2010 I ------------------------------------------------------ Dated this the 12th day of November, 2010 JUDGMENT While the petitioner was working as Teacher-in-charge in Panchayat U.P.School, Anakudy, he was placed under suspension, as per Ext.P3 order dated 31.1.2008 issued by the Secretary of the Panchayat, who was the Manager of the School. 2. As per Ext.P9 letter dated 21.7.2010, the Secretary, Vamanapuram Grama Panchayat requested the Assistant Educational Officer to intimate whether there is any objection for reinstating the petitioner in service, if the petitioner deposits the liability amount of `44,952/-. The Assistant Educational Officer, on receipt of Ext.P9, issued Ext.P10 communication to the Deputy Director of Education making a similar prayer as made in Ext.P9. Ext.P10 is pending before the Deputy Director of Education, Thiruvananthapuram. 3. It is submitted by the learned counsel for the petitioner that W.P.(C) NO.11887 OF 2010 :: 2 :: the petitioner is prepared to deposit the amount found to be due from him. The petitioner was suspended as per the order dated 31.1.2008 and till now, no disciplinary proceeding is initiated against him. 4. In the facts and circumstances of the case, I am of the view that the Writ Petition can be disposed of by directing the Deputy Director of Education to consider Ext.P10 in the light of Ext.P9 and take a final decision in the matter as to whether the petitioner can be reinstated in service and, if so, on what conditions. A decision shall be taken by the Deputy Director of Education within a period of one month from the date of receipt of a copy of the judgment. Petitioner shall produce a copy of the Writ Petition and certified copy of the judgment before the Deputy Director of Education. The Writ Petition is disposed of as above. (K.T.SANKARAN) Judge ahz/