IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN WEDNESDAY, THE 20TH OCTOBER 2010 / 28TH ASWINA 1932 WP(C).No. 28439 of 2010(D) -------------------------- PETITIONER(S): --------------- DR.P.PRABHAKARAN, MANAGER, K.P.M.VOCATIONAL HIGHER SECONDARY SCHOOL, POOTHOTTA, ERNAKULAM DISTRICT. BY ADV. SRI.N.N.SUGUNAPALAN, SENIOR ADVOCATE SRI.S.SUJIN RESPONDENT(S): --------------- 1. SREEDEVI BALAKRISHNAN, PEON, KPMHS, KOLLAMPARAMBIL HOUSE, POOTHOTTA, ERNAKULAM DISTRICT 682 307 2. THE DISTRICT EDUCATIONAL OFFICER, ERNAKULAM. 3. STATE OF KERALA, REP. BY CHIEF SECRETARY, SECRETARIAT, THIRUVANANTHAPURAM - 01. ADV. SRI.V.A.MUHAMMED FOR R-1 SRI.K.E.HAMZA FOR R-1 GOVERNMENT PLEADER SMT.NISHA BOSE THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. --------------------------------------------- W.P.(C).No.28439 of 2010 --------------------------------------------- Dated this the 20th day of October, 2010 JUDGMENT The petitioner is the Manager of KPM Vocational Higher Secondary School, Poothotta. The first respondent is a Peon working in the High School Section. The first respondent was placed under suspension for 15 days by the Manager. It is stated that the District Educational Officer extended the period of suspension beyond 15 days. Thereafter, memo of charges was issued to the first respondent. The first respondent gave a reply. It is stated that an enquiry was conducted by the Officer attached to the DEO's office. Exhibit P3 Enquiry Report was submitted by the Enquiry Officer. On the basis of Exhibit P3 Enquiry Report, the Manager sent a request to the District Educational Officer (Exhibit P4) for imposing major penalty on the first respondent by removal from service. Exhibit P5 reminder was also sent by the Manager to the District Educational Officer. WPC No.28439/2010 2 2. The reliefs prayed for by the petitioner are the following : “(i) To issue a writ of mandamus or any other appropriate writ, order or direction, directing the second respondent to consider the requisition made by the petitioner evidenced by Exhibits P4 and P5; (ii) To issue a writ of mandamus or any other appropriate writ, order or direction directing the second respondent to take further action on Exhibits P4 and P5 and accord sanction imposing major penalty on the first respondent. (iii) To award the cost of these proceedings to the petitioner and ; (iv) To grant such other and further reliefs as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case.” 3. Sri.V.A.Muhammed, the learned counsel appearing for the first respondent submitted that the District Educational WPC No.28439/2010 3 Officer passed an order dated 13.10.2010 refusing permission for imposing major penalty of removal of the first respondent from service. A copy of the order dated 13.10.2010 was produced for perusal, which is taken on record. The operative portion of the said order reads as follows : “In the above circumstances, the action of Smt.Sreedevi Balakrishnan for having availed of leave without allowance under medical certificate from 21.1.2002 to 22.2.2002 and attended her BA degree course in Hindi at D.B. College, Thalayolaparambu under the M.G.University is seen irregular but the action does not invite a major most punishment of removal from service. Hence, the request of the Manager for imposing a major penalty of removal of Smt. Sreedevi Balakrishnan, Peon, KPMHS, Poothotta from service is hereby refused by the undersigned vide rule 75(II) (C) of Chapter XIV A of KER.” In view of the order dated 13.10.2010 passed by the District Educational Officer, the reliefs prayed for in the Writ WPC No.28439/2010 4 Petition have become infructuous. Accordingly, the Writ Petition is dismissed as infructuous. K.T.SANKARAN JUDGE csl