Allowed

The Manager, Nagaraja Vilasom U.P.School v. M.P.Venugopalan Namboothiri

Kerala HC29 Jan 2016RP/74/2016

Case brief

AI extract

What is this about?

A review petition filed by a school manager sought to clarify that disciplinary proceedings against a suspended headmaster must continue despite the pendency of related writ or revision petitions. The court modified the original order to allow proceedings to continue unhindered.

What did the court decide?

The review petition is allowed to the extent of directing that disciplinary proceedings shall continue despite the pendency of the revision or judgment.

The Manager, Nagaraja Vilasom U.P.School Vs… — Service and Employment | Kerala HC (2016)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT:

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THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN

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FRIDAY, THE 29TH DAY OF JANUARY 2016/9TH MAGHA, 1937

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RP.No. 74 of 2016 () IN WP(C).37204/2015

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AGAINST THE ORDER/JUDGMENT IN WP(C) 37204/2015 of HIGH COURT OF KERALA DATED 08-12-2015

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REVIEW PETITIONER(S)/3RD RESPONDENT:

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THE MANAGER, NAGARAJA VILASOM U.P.SCHOOL, VETTICODE, KAYAMKULAM - 690 503.

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BY ADVS.SRI.M.GOPIKRISHNAN NAMBIAR SRI.P.GOPINATH SRI.P.BENNY THOMAS SRI.K.JOHN MATHAI SRI.JOSON MANAVALAN SRI.KURYAN THOMAS

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RESPONDENT(S)/PETITIONER AND RESPONDENTS 1 AND 2:

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M.P.VENUGOPALAN NAMBOOTHIRI, S/O. N. PARAMESWARAN NAMBOOTHIRI HEADMASTER (UNDER SUSPENSION) NAGARAJA VILASAM U.P. SCHOOL, VETTICODE KAYAMKULAM -690 503, RESIDING AT MEPPALIL ILLOM VETTICODE, KAYAMKULAM - 690 503.

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STATE OF KERALA, REPRESENTED BY SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT THIRUVANANTHAPURAM - 695 001.

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THE ASSISTANT EDUCATIONAL OFFICER, KAYAMKULAM, ALAPPUZHA- 690 502.

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R BY GOVERNMENT PLEADER SMT. M J RAJASREE

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R BY SRI.V.A.MUHAMMED

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THIS REVIEW PETITION HAVING BEEN FINALLY HEARD ON 29-01-2016, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:

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RP NO.74/2016

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APPENDIX

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REVIEW PETITIONERS ANNEXURES

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ANNX A: TRUE COPY of the LETTER DT 17.07.2015 ISSUED BY THE DY. DIRECTOR OF EDUCATION

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ANNX B: TRUE COPY OF THE ORDER OF SUSPENSION DT 30.07.2015

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ANNX C: TRUE COPY OF THE ORDER DT 10.08.2015 OF THE ASSISTANT EDUCATIONAL OFFICER

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ANNX D: TRUE COPY OFHTE ENQUIRY REPORT OF THE ASSISTANT EDUCATIONAL OFFICER DT 20.10.2015

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ANNX E: TRUE COPY OF THE MEMO OF CHARGES DT 26.10.2015

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ANNX F: TRUE OCPY OF THE EXPLANATION DT 16.11.2015 SUBMITTED BY THE 1ST RESPONDENT HEREIN

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RESPONDENTS ANNEXURES: NIL

TRUE COPY

P.A TO JUDGE

jma

K. VINOD CHANDRAN, J

Review Petition No. 74 of 2016 in

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W.P(C) No. 37204 of 2015

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Dated this the 29^th day of January, 2016

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O R D E R

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The Manager is before this Court seeking review of the judgment only since the disciplinary proceedings have been kept in

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abeyance on the basis of the judgment passed. The 1^st respondent, who

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was the petitioner in the writ petition sought for consideration of

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Ext.P8 revision. The revision was with respect to a suspension order

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passed by the Manager as approved by the AEO. The disciplinary proceedings are still pending and the pendency of the revision or the judgment passed in the writ petition need not at all hamper the continuance of the disciplinary proceedings. Hence the judgment is modified insofar as directing that the disciplinary proceedings shall be continued de hors the pendency of the revision before the Government.

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Review petition is allowed to that extent.

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Sd/(K. VINOD CHANDRAN, JUDGE)

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jma

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//true copy//

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P.A to Judge

The Manager, Nagaraja Vilasom U.P.School v. M.P.Venugopalan Namboothiri

Case brief

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The Manager, Nagaraja Vilasom U.P.School v. M.P.Venugopalan Namboothiri

Case brief

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