IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN WEDNESDAY, THE 28TH MAY 2008 / 7TH JYAISHTA 1930 WA.No. 583 of 2008(D) ------------------------------- AGAINST THE INTERIM ORDER DATED 04/03/2008 IN W.P.(C).NO.6487/2008. .................... APPELLANT/ PETITIONER: -------------------------------------- JOSEKUTTY SEBASTIAN, HEADMASTER (UNDER SUSPENSION), C.P.POCKER HAJI MEMORIAL HIGH SCHOOL, OZHUR, TIRUR,MALAPPURAM DISTRICT, RESIDING AT KINATTUKARA HOUSE, POONGOTTUKULAM, TIRUR - 1. BY ADV. SRI.MILLU DANDAPANI. RESPONDENTS/ RESPONDENTS: ------------------------------------------------ 1. STATE OF KERALA, REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,TRIVANDRUM-01. 2. SRI.K.C.GOPI, DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, TIRUR. 4. P.C.SHERLY, HIGH SCHOOL ASSISTANT (PHYSICAL SCIENCE), C.P. POCKER HAJI MEMORIAL HIGH SCHOOL, OZHUR, TIRUR, MALAPPURAM DISTRICT. 5. THE MANAGER, C.P. POCKER HAJI MEMORIAL HIGH SCHOOL, OZHUR, TIRUR, MALAPPURAM DISTRICT. BY GOVERNMENT PLEADER SRI. BENNY GERVACIS - R1 TO R3, ADV.SRI.GEORGE MECHERIL - R4, SMT.S.KARTHIKA - R5, SRI.M.S.UNNIKRISHNAN - R5, SMT.K.P.GEETHA MANI - R5, SRI.M.R.ANISON - R5, SRI.T.R.RAJESH -R5. THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 28/05/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: J.B. Koshy & P.N.Ravindran, JJ. -------------------------------------- W.A. No. 583 of 2008 --------------------------------------- Dated this the 28th day of May, 2008 Judgment Koshy,J. This writ appeal is filed against the interim order passed by the learned single Judge. When the appellant/petitioner was suspended pending enquiry, he approached this court. Interim prayer for staying the suspension pending enquiry was not allowed. But, by interim direction dated 11.3.2008 in the writ appeal, he was asked to be reinstated in service subject to the condition that the disciplinary proceedings can be continued. In the above circumstances, the writ appeal has become infructuous. All other contentions can be raised before the learned single Judge. The writ appeal is dismissed without prejudice to the rights of the parties in any other proceedings. J.B.Koshy Judge P.N.Ravindran Judge vaa W.A.No. 583/2008 2 J.B. KOSHY AND P.N.RAVINDRAN,JJ. ------------------------------------- W.A. No. 583 of 2008 ------------------------------------- Judgment Dated:28th May, 2008