Remanded

The Manager, Amlps, v. Jose Pappalil

Kerala HC10 Jul 2020WA/875/2020

Case brief

AI extract

What is this about?

The single judge disposed of a writ petition striking off a teacher without prior notice to the school manager. This appellate bench set aside the order and remanded the matter for a fresh hearing with notice to the manager to present his version.

What did the court decide?

The judgment of the learned Single Judge in W.P.(C) No.11250/2020 dated 09.06.2020 was set aside. The matter was remitted for further hearing after notice to the 4th respondent.

The Manager, Amlps, Vs Jose Pappalil — Service and Employment | Kerala HC (2020)

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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 A.M.SHAFFIQUE

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THE HONOURABLE MR. JUSTICE GOPINATH P.

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FRIDAY, THE 10TH DAY OF JULY 2020 / 19TH ASHADHA, 1942

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WA.No.875 OF 2020

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AGAINST THE JUDGMENT IN WP(C) 11250/2020(E) OF HIGH COURT OF KERALA DATED 9/06/2020

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APPELLANT/4TH RESPONDENT:

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THE MANAGER, AMLPS,

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IRINGATTIRI, MALAPPURAM DISTRICT-676523.

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BY ADV. SRI.P.C.SASIDHARAN

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RESPONDENTS/PETITIONER & RESPONDENTS 1 TO 3:

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1 JOSE PAPPALIL, HEADMASTER (UNDER SUSPENSION), AMLPS, IRINGATTIRI, MALAPPURAM DISTRICT-676523.

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2 THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM-676505.

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3 THE DISTRICT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT-679328.

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4 THE ASSISTANT EDUCATIONAL OFFICER, WANDOOR, MALAPPURAM DISTRICT-679328.

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SRI. BRIJESH MOHAN FOR R1 SRI. T.RAJASEKHARAN NAIR-SR.G.P.R2-4

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THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 10.07.2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

W.A.NO.875/2020

JUDGMENT

Dated this the 10^th day of July 2020

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Shaffique, J

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This writ appeal has been filed challenging the judgment dated 09.06.2020 in W.P.(C).No.11250/2020. The writ petition was disposed of placing reliance on the judgment of this Court in Devadar Aided L.P. School v. Usha (2020 (3) KLT 291). The appellant who is the Manager of AMLP School, Iringattiri, the 4^th respondent in the writ petition, submits that the writ petition was disposed of in the admission stage itself, without notice to the 4^th respondent. The factual situation that had arisen in Devadar Aided L.P. School (supra) is totally different from the factual position in the present case. It is pointed out that the Manager had never appointed a lawyer during enquiry. For that reason itself this case is different.

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Apparently, this is a case which had been decided without notice to the 4^th respondent. Since the 4^th respondent has valid contention in the writ petition, it is only appropriate that the matter be re-heard after notice to the 4^th respondent as well.

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In the said circumstances, we set aside the judgment of the learned Single Judge and the matter is remitted back to the

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W.A.NO.875/2020

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learned Single Judge for further hearing, after giving an opportunity to the 4^th respondent to submit his version. Learned counsel Sri. P.C. Sasidharan takes notice on behalf of the 4^th respondent in the writ petition as well. If the petitioner wants to amend the reliefs, it shall be open for him to do so. Place the matter before the learned Single Judge as per roster.

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The writ appeal is disposed of as above.

Sd/-

A.M.SHAFFIQUE

JUDGE

Sd/-

GOPINATH P.

True copy

JUDGE

P.A. To Judge

W.A.NO.875/2020

APPENDIX

APPELLANT'S EXHIBITS:

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ANNEXURE A1 TRUE COPY OF THE REPORT DATED 25.05.2020 SUBMITTED BY THE ENQUIRY OFFICER. ANNEXURE A2 TRUE COPY OF THE NOTICE DATED 12.06.2020 ISSUED BY THE MANAGER TO THE 1ST RESPONDENT.

The Manager, Amlps, v. Jose Pappalil

Case brief

What is this about?

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The Manager, Amlps, v. Jose Pappalil

Case brief

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