The High Court dismissed a writ petition challenging the petitioner's suspension from service as a High School Assistant. The Court held that the insinuations in the charge sheet, if correct, warranted punishment upon proof after disciplinary proceedings, and no tenable ground existed for interference at this stage.
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
TUESDAY, THE 4TH DAY OF DECEMBER 2012/13TH AGRAHAYANA 1934
WP(C).No. 25002 of 2012 (A)
PETITIONER(S):
MINI MOL M, AGED 39 YEARS, HIGH SCHOOL ASSISTANT MALAYALAM, KIZHAKKE PALATT SANKARA MENON MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VARODE, OTTAPALAM, PALAKKAD.
BY ADV. SRI.U.BALAGANGADHARAN
RESPONDENT(S):
1. THE HEADMISTRESS, KIZHAKKE PALATT SANKARA MENON MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VARODE, OTTAPALAM, PALAKKAD-679101.
2. THE MANAGER, KIZHAKKE PALATT SANKARA MENON MEMORIAL VOCATIONAL HIGHER SECONDARY SCHOOL, VARODE, OTTAPALAM, PALAKKAD-679101.
3. THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD 679 101.
4. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVT. GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM-695001.
R1 & R2 BY ADV. SRI.V.A.MUHAMMED R1 & R2 BY ADV. SRI.K.E.HAMZA R3,R4 BY ADV.SMT.LOWSY.A., GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-12-2012, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
AS
WP(C).No. 25002 of 2012 (A)
APPENDIX
PETITIONER(S) EXHIBITS:
| EXT.P1: | TRUE COPY OF MEMO OF CHARGE ISSUED BY THE SECOND RESPOONDENT NO M2/2/09-10(HS) DATED 4-05-2009. |
|---|---|
| EXT.P2: | TRUE COPY OF PROCEEDINGS OF 2ND RESPONDENT NO 2/2/2009- 2010/HS DATED 1-07-2009. |
| EXT.P3: | TRUE COPY OF PROCEEDINGS OF 2ND RESPONDENT NO M2/2/2009-10 DATED 3-11-2009. |
| EXT.P4: | TRUE COPY OF COUNTER AFFIDAVIT BY THE DEO, OTTAPALAM IN WPC 25135/2011 DATED 23-08-2012. |
| EXT.P5: | TRUE COPY OF JUDGMENT IN WPC 3354/2012 DATED 21-02-2012 OF THIS HON'BLE COURT. |
| EXT.P6: | TRUE COPY OF COMPLAINT FILED BY THE PETITIONER BEFORE THE VANITHA CELL, PALAKKAD DATED 24-07-2012. |
| EXT.P7: | TRUE COPY OF MINUTES OF COMPROMISES ARRIVED IN VANITHA CELL DATED 24-07-2012. |
| EXT.P8: | TRUE COPY OF PROCEEDINGS OF MANAGER NO M2/9/12-13/HS DATED 7/9/2012. |
| EXT.P9: | TRUE COPY OF PROCEEDINGS OF DEO, OTTAPALAM NO B2/6502/12 DATED 20-09-2012. |
| EXT.P10: | TRUE COPY OF PROCEEDINGS OF MANAGER NO M2/9/12-13 HS DATED 3/10/12. |
| EXT.P11: | TRUE COPY OF GOVT.ORDER GO(RT) 4944/2012/G.EDN DATED 12-10-2012. |
RESPONDENTS' EXHIBITS:
EXT.R2(A): TRUE COPY OF THE CERTIFICATE OF THE SON OF THE PETITIONER DATED 23/11/2012.
EXT.R2(B): TRUE COPY OF THE COMMUNICATION OF THE PRINCIPAL/HEADMISTRESS OF THE SCHOOL DATED 17/4/2009.
EXT.R2(C): TRUE COPY OF THE NOTICE ISSUED BY THE MANAGER TO THE PETITIONER DATED 17/4/2009.
EXT.R2(D): TRUE COPY OF THE LETTER ADDRESSED TO THE DISTRICT EDUCATIONAL OFFICER DATED 22/4/2009.
CONT...
WP(C).No. 25002 of 2012 (A)
EXT.R2(E): TRUE COPY OF THE COMMUNICATION OF THE DISTRICT EDUCATIONAL OFFICER DATED 29/5/2009. EXT.R2(F): TRUE COPY OF THE LETTER OF THE PETITIONER DATED 28/4/2009. EXT.R2(G): TRUE COPY OF THE AFFIDAVIT OF THE PETITIONER DATED 8/6/2009. EXT.R2(H): TRUE COPY OF THE PROCEEDINGS OF THE ASSISTANT EDUCATIONAL OFFICER DATED 8/6/2009.
/TRUE COPY/
P.A.TO JUDGE
AS
P.R.RAMACHANDRA MENON, J
W.P. (C) NO. 25002 of 2012
Dated this the 4th day of December, 2012
JUDGMENT
Correctness and sustainability of the suspension of the petitioner as per Ext.P8 order dated 7/9/2012 is the subject matter of challenge in this writ petition .
W.P. (C) NO. 25002 of 2012
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W.P. (C) NO. 25002 of 2012
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been virtually enjoying herself by filing complaints before the police (which according to her was before the 'Vanitha Cell'), to be correctly stated as 'Vanitha Cell of a Police Station' and the concerned teachers were being summoned to the police station; which according to the respondents and also the concerned teachers was nothing but an abuse of the process and unsustainable in all respects. The misconducts committed by the petitioner have been specifically arrayed in Ext.P10 charge sheet and this required to be enquired into. It was in the said circumstances, that the petitioner was placed under suspension as per Ext.P8.
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for a period of 5 years. Now, by virtue of suspension ordered as per Ext.P8, the petitioner is not in a position to move out and hence seeks for immediate interference by this Court.
ordered in the penultimate paragraph of Ext.P9, that the disciplinary action against the petitioner shall be completed within 'two months' and that the petitioner would be entitled to have subsistence allowance during the period of suspension.
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misconduct of course is a matter to be substantiated in the disciplinary proceedings, by letting in evidence; which cannot be intercepted by this Court in this writ petition.
This Court does not find any tenable ground to call for interference. The writ petition fails and the same is dismissed accordingly.
P.R.RAMACHANDRA MENON, JUDGE
AS
1 issue framed by the court
Whether the High Court should interfere with the correctness and sustainability of the petitioner's suspension pending disciplinary action.
2 provisions across 2 enactments
Mini Mol M
The Headmistress, Kizhakke Palatt Sankara Menon Memorial Vocational Higher Secondary School
The Manager, Kizhakke Palatt Sankara Menon Memorial Vocational Higher Secondary School
The District Educational Officer, Ottapalam
State of Kerala
P.R. Ramachandran Menon
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
