IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN MONDAY, THE 16TH MARCH 2009 / 25TH PHALGUNA 1930 WP(C).No. 8265 of 2009(C) ------------------------- PETITIONER: --------------- A.P.ABDU RAHIMAN, S/O. MOHAMED, AGED 43 YEARS, HIGH SCHOOL ASSISTANT (ARABIC) (UNDER SUSPENSION), NATIONAL HIGH SCHOOL, KOLATHUR, MALAPPURAM. (RESIDING AT DARUSALAM, AKKARAPARAMBIL, P.O.KOLATHUR, MALAPPURAM-679 338). BY ADV. SRI.V.A.MUHAMMED SRI.K.E.HAMZA RESPONDENTS: --------------- 1. THE STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, TRIVANDRUM. 2. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM. 3. THE DISTRICT EDUCATIONAL OFFICER, MALAPPURAM. 4. THE MANAGER, NATIONAL HIGH SCHOOL, P.O.KOLATHUR, MALAPPURAM DISTRICT. BY SR. GOVT. PLEADER SRI.A.J.VARGHESE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 16/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: P.N.RAVINDRAN, J. ----------------------------- W.P(C) No. 8265 of 2009-C ------------------------------ Dated this the 16th day of March, 2009. J U D G M E N T Heard Sri.V.A.Muhammed, the learned counsel appearing for the petitioner and Sri.A.J.Varghese, the learned Government Pleader appearing for respondents 1 to 3. In the nature of the order that I propose to pass it is not necessary to issue notice to or hear the fourth respondent. 2. The petitioner, a teacher in the fourth respondent's school was placed under suspension by Exhibit P1 order dated 12.7.2008 for a period of 15 days commencing from 14.7.2008. The fourth respondent thereupon reported to the matter to the District Educational Officer who conducted a preliminary enquiry as required under Rule 67(8) of Chapter XIV A of the KER and passed Exhibit P2 order permitting the Manager to continue the suspension beyond 15 days. The Manager thereafter passed Exhibit P3 order dated 28.7.2008 extending the suspension beyond 15 days. A memo of charges was thereafter served on the petitioner and a detailed enquiry was conducted by the District Educational Officer, W.P(C) No. 8265 of 2009-C 2 Malappuram. The report of enquiry was forwarded to the Manager who received it on 10.12.2008. The Manager thereafter moved the Deputy Director of Education, Malappuram requesting for permission to continue the petitioner under suspension for a further period of six months on the ground that though the enquiry has been held and the report of enquiry received, he needs some more time to finalise the disciplinary proceedings. By Ext.P4 order dated 12.1.2009, the Deputy Director of Education permitted the Manager to continue the petitioner under suspension till the finalisation of the disciplinary proceedings without fixing any time limit for finalisation of the disciplinary proceedings. The petitioner has aggrieved thereby filed Ext.P6 revision petition before the Government. 3. In this writ petition, the petitioner inter alia prays for a direction to the Government to consider the Ext.P6 revision petition and pass orders thereon within a time limit to be fixed by this Court. The pleadings and the materials disclose that the petitioner was placed under suspension on 14.7.2008. An enquiry into the W.P(C) No. 8265 of 2009-C 3 charges was conducted and the report of enquiry furnished by the Enquiry Officer to the Manager on 10.12.2008. Nearly three months have passed thereafter. Since the enquiry has already been held, all that remains to be done is to furnish a copy of the enquiry report to the petitioner and finalise the disciplinary proceedings. However the Deputy Director of Education has permitted the Manager to continue the petitioner under suspension till the finalisation of the disciplinary proceedings, without fixing any time limit for finalisation of the disciplinary action. However as the petitioner has moved the Government invoking the Government's power of revision under Rule 92 of Chapter XIVA of the KER, I do not propose to go into the merits of the petitioners contentions. In these circumstances, I dispose of this writ petition with a direction to the Secretary to Government, General Education Department to consider Exhibit P6 revision petition and pass orders thereon after affording the petitioner and the fourth respondent Manager a reasonable opportunity of being heard. Since the petitioner is continuing under suspension with effect from W.P(C) No. 8265 of 2009-C 4 14.7.2008, final orders in the matter shall be passed within six weeks from the date on which the petitioner produces a certified copy of this judgment, before the Secretary to Government, General Education Department. The writ petition is disposed of as above. Sd/- P.N.RAVINDRAN JUDGE //True Copy// PA to Judge