The High Court Group of Services Tribunal bench directed the State Government to dispose of a pending revision petition regarding a teacher's penalty and suspension, hearing both parties within three months.
Direction to the State to dispose of the revision petition expeditiously, within three months, after hearing the Manager and the petitioner.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT :
THE HONOURABLE MR. JUSTICE K.T.SANKARAN
MONDAY, THE 22ND NOVEMBER 2010 / 1ST AGRAHAYANA 1932
WP(C).No. 30131 of 2010(N)
PETITIONER(S):
O.K.PRABHAKARAN, ASSISTANT TEACHER, CHEMANCHERRY-KOLAKKAD UP SCHOOL, THUVVAKKODE P.O., KOYILANDY.
BY ADV. SRI.R.K.MURALEEDHARAN
RESPONDENT(S):
ADV. SRI.V.A.MUHAMMED FOR R4
SRI.K.E.HAMZA FOR R4
GOVERNMENT PLEADER SMT.NISHA BOSE
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 22/11/2010, ALONG WITH W.P.(C) NO.34176/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
K.T.SANKARAN, J.
W.P.(C).No.30131 of 2010 N & W.P.(C).No.34176 of 2010 V
Dated this the 22nd day of November, 2010
JUDGMENT
O.K.Prabhakran, the petitioner in W.P.(C) No.30131 of 2010, while working as U.P.S.A. in Chemanchery-Kolakkad U.P. School, was placed under suspension from 28.3.2008 by the Manager. The Educational Officer granted permission to continue the suspension beyond 15 days, as provided under Rule 67(8) of Chapter XIV A of the Kerala Education Rules. The Manager imposed a major penalty of removal of the petitioner from service. The District Educational Officer, as per the order dated 10.6.2010 did not ratify the penalty imposed by the Manager on the petitioner. The District Educational Officer suggested that if necessary, any other penalty could be imposed on the petitioner. Challenging the order passed by the District Educational Officer, the Manager filed a revision dated 5.7.2010 before the Government. The
W.P.(C) Nos.30131 & 34176 of 2010 2
revision is pending disposal. O.K.Prabhakaran applied for leave without allowance from 3.6.2009 onwards. The Manager did not issue no objection certificate. O.K.Prabhakaran is aggrieved by the inaction on the part of the Government. He also challenges the order of suspension.
W.P.(C) Nos.30131 & 34176 of 2010
3
Manager expeditiously, after hearing all the affected parties.
follows :
The first respondent (State of Kerala) shall dispose of the revision petition dated 5.7.2010 (Exhibit P16 in W.P.(C) No.30131 of 2010 and Exhibit P22 in W.P.(C) No.34176 of 2010), as expeditiously as possible and, at any rate, within a period of three months from the date of receipt of a copy of the judgment, after affording an opportunity of being heard to the Manager and O.K.Prabhakaran. The petitioners shall produce the respective copy of the Writ Petition and certified copy of the judgment before the first respondent.
K.T.SANKARAN
JUDGE
csl
2 issues framed by the court
Whether the Government should dispose of the pending revision petition filed by the Manager pertaining to the penalty on the petitioner.
Whether a direction should be issued to the Government to hear both parties in the revision petition within a specific period.
O.K. Prabhakaran
Manager, Chemanchery-Kolakkad U.P. School
State of Kerala
K.T.Sankaran
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
