Petitioner challenged disciplinary proceedings and sought reinstatement. The Court noted the petitioner had already been reinstated during the writ's pendency. Consequently, the writ petition was closed with no further orders.
The writ petition was closed with no further directions, as the petitioner had already been reinstated.
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 P.R.RAMACHANDRA MENON
THURSDAY, THE 29TH DAY OF NOVEMBER 2012/8TH AGRAHAYANA 1934
WP(C).No. 10309 of 2012 (K)
PETITIONER(S):
N.M. MAJEED, AGED 41 YEARS
S/O.KUTTI ALI HAJI, PHYSICAL EDUCATION TEACHER MARKAZ HIGHER SECONDARY SCHOOL FOR BOYS, KARANTHUR KUNNAMANGALAM, KOZHIKODE-673571.
BY ADV. SRI.NIRMAL. S
RESPONDENT(S):
1. THE MANAGER MARKAZ HIGHER SECONDARY SCHOOL FOR BOYS, KARANTHUR KUNNAMANGALAM, KOZHIKODE-673571.
2. DEPUTY EDUCATIONAL OFFICER, THAMARASSERY, KOZHIKODE-673001.
3. DEPUTY DIRECTOR EDUCATION, KOZHIKODE-673001.
R1 BY ADV. SRI.BABU JOSEPH KURUVATHAZHA
R1 BY ADV. SRI.T.K.BIJU (MANJINIKARA) BY GOVERNMENT PLEADER SMT.LOWSY A.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 29-11-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10309 of 2012 (K)
APPENDIX
PETITIONER(S) EXHIBITS:
| EXT.P1 | TRUE COPY OF THE DISCIPLINARY PROCEEDINGS INITIATED AGAINST THE PETITIONER DATED 31/3/2011. |
|---|---|
| EXT.P2 | TRUE COPY OF THE ORDER NO.B1/1914/11 DATED 12/4/2011 ISSUED BY THE 2ND RESPONDENT. |
| EXT.P3 | TRUE COPY OF THE CHARGE MEMO ISSUED AGAINST THE PETITIONER DATED 25/4/2011. |
| EXT.P4 | TRUE COPY OF THE EXPLANATION GIVEN BY THE PETITIONER IN RESPONSE TO THE CHARGE MEMO DATED 19/5/2011. |
| EXT.P5 | TRUE COPY OF THE ORDER OF THE 2ND RESPONDENT DATED 29/9/11. |
| EXT.P6 | TRUE COPY OF THE ORDER NO.B1/14767/11/KDS DATED 7/2/2012 ISSUED BY THE 3RD RESPONDENT. |
RESPONDENTS' EXHIBITS:
| R1(1): | COPY OF THE RECEIPT DATED 23.03.2011 ISSUED BY THE TRAFFIC TOWN POLICE STATION, KOZHIKODE. |
|---|---|
| R1(2): | COPY OF THE LETTER DATED 31.03.2011 ISSUED BY THE HEADMASTER OF KARKAZ HIGHER SECONDARY SCHOOL, KARANTHUR. |
| R1(3): | COPY OF THE LETTER DATED 31.03.2011 SENT BY THE 1ST RESPONDENT TO THE D.E.O. |
| R1(4): | COPY OF THE LETTER DATED 01.04.2011 ISSUED BY THE HEADMASTER OF MARKAZ HIGHER SECONDARY SCHOOL, KARANTHUR TO THE SI OF POLICE. |
| R1(5): | COPY OF THE DIRECTION DATED 21.06.2011 ISSUED BY THE D.E.O. |
| R1(6): | COPY OF THE LETTER NO.B1-1914/11 DATED NIL ISSUED BY THE D.E.O. |
| R1(7): | COPY OF THE LETTER DATED 15.09.2011 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE D.E.O. |
| R1(8): | COPY OF THE LETTER DATED 05.10.2011 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE D.E.O. |
| R1(9): | COPY OF THE APPLICATION DATED, 12.10.2011 SUBMITTED BEFORE THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE D.E.O. |
WP(C).No. 10309 of 2012 (K)
| R1(10): | COPY OF THE PROCEEDINGS DATED 31.10.2011 OF THE PUBLIC INFORMATION OFFICER ATTACHED TO THE OFFICE OF THE D.E.O. |
|---|---|
| R1(11): | COPY OF THE REVISION PETITION DATED 31.10.2011 FILED BY THE 1ST RESPONDENT BEFORE THE GOVERNMENT. |
| R1(12): | COPY OF THE PROCEEDINGS DATED 02.11.2011 OF THE D.E.O. |
| R1(13): | COPY OF THE REQUEST DATED 25.11.2011 SUBMITTED BY THE 1ST RESPONDENT BEFORE THE D.E.O. |
| R1(14): | COPY OF THE NOTICE DATED 24.12.2011 ISSUED BY THE 3RD RESPONDENT. |
| R1(15): | COPY OF THE REVISION PETITION DATED 17.02.2012 FILED BY THE 1ST RESPONDENT BEFORE THE GOVERNMENT . |
| R1(16): | COPY OF THE JUDGMENT OF THIS HONOURABLE COURT DATED 07.03.2012 IN W.P.C. NO.5140 OF 2012. |
| R1(17): | COPY OF THE NOTICE NO.2637/K2/2012/G.EDN. DATED 27.04.2012, ISSUED BY THE UNDER SECRETARY TO GOVERNMENT, SCHEDULING THE HEARING TO 11.07.2012. |
//TRUE COPY//
P.A. TO JUDGE
ds
P.R.RAMACHANDRA MENON, J.
W.P.(C) NO. 10309 of 2012 (K)
Dated this the 29th day of November, 2012
JUDGMENT
The learned counsel for the petitioner submits that the only prayer in the writ petition is to direct the first respondent to reinstate the petitioner at the earliest. It is also stated that during the pendency of the proceedings, the petitioner has been reinstated in service. In the said circumstance, no further others are warranted, submits the learned counsel. The writ petition is closed accordingly.
sd/- P.R.RAMACHANDRA MENON, JUDGE
AMV
1 issue framed by the court
Whether further directions are warranted for the petitioner's reinstatement in service considering his reinstatement during the pendency of the proceedings.
N.M. Majeed
The Manager, Markaz Higher Secondary School for Boys, Karanthur
Deputy Educational Officer, Thamarassery
Deputy Director Education, Kozhikode
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
