Writ petition challenging suspension of a headmaster was closed as disciplinary proceedings were finalized with censure punishment, rendering the suspension regularisation pending before the third respondent the sole remaining issue.
Writ petition closed; petitioner directed to seek regularisation of suspension period from the third respondent.
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 V.G.ARUN
WEDNESDAY,THE 20TH DAY OF FEBRUARY 2019 / 1ST PHALGUNA, 1940
WP(C).No. 21371 of 2018
PETITIONER/S:
THE MANAGER, MITUP SCHOOL MITUP SCHOOL,P.VEMBALLUR,THRISSUR - 680 666.
BY ADVS. SRI.T.T.MUHAMOOD SRI.A.MOHAMMED SAVAD SRI.A.RENJIT SRI.C.Y.VINOD KUMAR SRI.V.E.ABDUL GAFOOR
RESPONDENT/S:
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5 T.S.RAJENDRAN HEAD MASTER,MITUP SCHOOL,P.VEMBALLUR,THRISSUR - 680 666.
OTHER PRESENT:
GP- SRI SUNIL KUMAR KURIAKOSE.
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 20.02.2019, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
The writ petition is filed challenging Ext.P9 order, by
which the 5th respondent was placed under suspension.
In that view of the matter, nothing survives for consideration in the writ petition and the writ petition is accordingly closed, making it clear that the petitioner will be
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free to make necessary request before the 3rd respondent to expedite the decision on the question of regularisation of the period of suspension of the 5th respondent.
Sd/- V.G.ARUN JUDGE
Scl/20.2
W.P.(C) No.21371 of 2018
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APPENDIX
PETITIONER'S/S EXHIBITS:
EXHIBIT P1. TRUE COPY OF THE LETTER NO.2403/FIW/DFIO.TSR/2016/FIN DATE 13.03.2017 ISSUED BY THE DISTRICT FINANCE INSPECTION OFFICER. EXHIBIT P2. TRUE COPY OF EXPLANATION SUBMITTED BY THE 4TH RESPONDENT BEFORE THE DISTRICT FINANCE INSPECTION OFFICER ON 24.03.2017. EXHIBIT P3. TRUE COPY OF THE REPORT NO.C/3889/2017/L.DIS DATED 13.12.2017 SUBMITTED BY THE AEO, KODUGALLUR TO THE 2ND RESPONDENT. EXHIBIT P4. TRUE COPY OF THE LETTER NO.D-3857/2016 DATED 09.04.2018 ISSUED BY THE AEO, KODUNGALLUR. EXHIBIT P5. TRUE COPY OF THE GOVERNMENT LETTER NO.B2/308/2017/G.EDN DATE 16.05.2018. EXHIBIT P6. TRUE COPY OF THE COPY OF THE ORDER NO.C-121/2018 DATED 17.05.2018 ISSUED BY THE MANAGER. EXHIBIT P7. TRUE COPY OF CHARGE MEMO AND STATEMENT OF ALLEGATION DATED 17.05.2018 ISSUED BY THE MANAGER. EXHIBIT P8. TRUE COPY OF THE APPLICATION FOR LEAVE SUBMITTED BY THE 5TH RESPONDENT. EXHIBIT P9. TRUE COPY OF THE ORDER NO.D/3857/2016 DATED 16.05.2018 ISSUED BY THE 4TH RESPONDENT.
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RESPONDENT'S EXHIBITS:
R4(A): TRUE COPY OF THE GOVERNMENT LETTER NO.D2/308/2017 G.EDN. DATED 4.1.2018
R4(B): TRUE COPY OF THE COMMUNICATION NO.D6/4626/2018 (1) DATED 28.3.2018.
R4(C): TRUE COPY OF THE LETTER DATED 9.4.2018
R4(D): TRUE COPY OF THE COMMUNICATION DATED 27.4.201 8.
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The words and figures “respondent No:3” shown in the last paragraph and in the last sentence of the first paragraph of the judgment dated 20/02/2019 in W.P.(C) No.21371/2018 corrected as “4th respondent” as per order dated 15/03/2019 in I.A.No.1/2019.
Sd/Joint Registrar
The Manager, Mitup School, P.Vemballage, Trissur
The State of Kerala
The Secretary to Government, General Education Department
The Director of Public Instruction
The Deputy Director of Education, Trissur
The Asst. Educational Officer, Kodungallur
V.G. Arun
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
