A contempt case alleging non-compliance with an order to initiate disciplinary proceedings against a teacher. The court held that since disciplinary proceedings were recommended via letter, there was no willful disobedience, and the case was closed.
The contempt case was closed as there was no willful disobedience.
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 C.S.DIAS
WEDNESDAY, THE 21ST DAY OF OCTOBER 2020 / 29TH ASWINA, 1942
Con.Case(C).No.1455 OF 2020 IN WP(C). 12899/2020
AGAINST THE JUDGMENT IN WP(C) 12899/2020(J) OF HIGH COURT OF KERALA
PETITIONERS/PETITIONERS IN THE WP(C):
1 BICHAMINABI N.V. AGED 48 YEARS D/O.UMMERKOYA, VALIYAKAN HOUSE, NAIRAN VALAPPU, KOTHI ROAD, KALLAI, KOZHIKODE, NOW WORKING AS H.S.A. (ARABIC), CALICUT GIRLS VOCATIONAL H.S.S., KALLAI, KOHIZKODE-673003.
2 APARNA PAUL, AGED 45 YEARS D/O.PAUL KALINODE, CHEMMANNUR HOUSE, PALATTUTHAZHAM, CIVIL STATION P.O., KOZHIKODE, NOW WORKING AS U.P.S.T., CALICUT GIRLS VOCATIONAL H.S.S., KALLAI, KOZHIKODE-673003. BY ADVS. SRI.AUGUSTINE JOSEPH SRI.K.S.ROCKEY SRI.TONY AUGUSTINE SRI.GEORGE RENOY
RESPONDENT/RESPONDENTS IN THE W.P(C) NOS.1 AND 2:
AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, NOW WORKING AS THE DISTRICT EDUCATIONAL OFFICER, KOZHIKODE-673001. 2 RASHEEDA BEEGUM, AGE AND FATHERS NAME NOT KNOWN TO THE PETITIONER, NOW WORKING AS THE HEADMISTRESS, CALICUT GIRLS VOCATIONAL H.S.S., KALLAI, KOZHIKODE-673003. BY GOVERNMENT PLEADER SRI.C.K.PRASAD
THIS CONTEMPT OF COURT CASE (CIVIL) HAVING BEEN FINALLY HEARD ON 21.10.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
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JUDGMENT
This Contempt Case has been filed alleging willful non-compliance of Annexure-III order dated 18.8.2020 in W.P(C) No.12899/2020.
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In view of the above statement filed by the 1st respondent, I do not find that the 1st respondent has willfully disobeyed the order dated 18.8.2020.
Resultantly, the Contempt Case is closed.
ma/21.10.2020
Sd/- C.S.DIAS, JUDGE /True copy/
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APPENDIX
PETITIONER'S/S EXHIBITS:
ANNEXURE I TRUE COPY OF THE INTERIM ORDER DATED 10.07.2020 IN WP(C)NO.12899/2020.
ANNEXURE II TRUE COPY OF STATEMENT DATED 05.08.2000 FILED ON BEHALF OF THE 1ST RESPONDENT.
ANNEXURE III TRUE COPY OF THE INTERIM ORDER DATED 18.08.2020 IN WP(C)NO.12899/2020.
2 issues framed by the court
Whether the respondent has willfully disobeyed the interim order directing initiation of disciplinary proceedings.
Whether the contempt case should be dismissed based on the submission that disciplinary action was recommended.
Bichaminabi N.V.
Aparna Paul
Pradeep
Rasheeda Beegum
C.S. Dias
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
