Disposed

Abdul Basith v. the State of Kerala

Kerala HC9 Jul 2021WP(C)/13637/2021

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AI extract

What is this about?

In this writ petition filed by a suspended Arabic teacher seeking reinstatement and quashing of service records, the High Court of Kerala directed the State to consider the petitioner's application for reinstatement after hearing the concerned school manager, noting the specific contents of the alleged offence.

What did the court decide?

Direction to the 1st respondent to consider the petitioner's representation (Ext.P9) after notice to the petitioner and 5th respondent, taking note of the nature of the alleged offence, within two mon

Abdul Basith Vs the State of Kerala — Education and Admissions | Kerala HC (2021)

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WP(C) NO. 13637 OF 2021 1

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN

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FRIDAY, THE 9TH DAY OF JULY 2021 / 18TH ASHADHA, 1943
WP(C) NO. 13637OF 2021

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PETITIONER:

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ABDUL BASITH
AGED 38 YEARS, HSA ARABIC, KRGPM HSS, ( UNDER SUSPENSION)
ODANAVATTOM P.O., KOLLAM DISTRICT, RESIDING AT MANSILINNUR,
NELLIMOODU, KULATHOOPUZHA P.O., PINCODE-691 310, KOLLAM DISTRICT

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BY ADVS.
SASI M.R.
M.THAHA
MINI SAMUEL
DHARMYA M.S

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RESPONDENTS:

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

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2 DIRECTOR OF GENERAL EDUCATION, JAGATHY, THIRUVANANTHAPURAM-695 001

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3 THE DEPUTY DIRECTOR OF EDUCATION, OFFICE OF DDE, THEVALLY P.O., KOLLAM DISTRICT, PINCODE-691 009

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4 DISTRICT EDUCATION OFFICER, OFFICE OF THE DEO, KOTTARAKKARA P.O., PINCODE-691 506, KOTTARAKKARA, KOLLAM DISTRICT

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5 THE MANAGER,
KRGPM VHS & HSS, ODANAVATTOM P.O.,
PINCODE-691 512, KOTTARAKKARA , KOLLAM DISTRICT
SMT. NISHA BOSE-SR. G.P.

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
09.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 13637 OF 2021

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JUDGMENT

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This writ petition is filed seeking the following reliefs:

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(1) a writ of certiorari or any other appropriate writ, order or direction quashing exhibits 6, P7 and P8 issued by the respondents 5, 4 and 3 respectively.

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(2) a writ of mandamus or any other appropriate writ, order or direction directing the respondents to reinstate the petitioner in service forthwith and to regularize the period of suspension of the petitioner from 18/11/2017 and gave all the service benefits including salary and allowances.

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Heard the learned counsel for the petitioner and the learned

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Government Pleader.

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It is submitted that the petitioner while working as a Part Time Arabic Teacher in the 5^th respondent’s school had been arrayed as an accused in a crime of Kulathoopuzha Police Station, Kollam alleging offences punishable under Sections 294 (b), 324, 506 (II) and 308 IPC. It is submitted that pursuant thereto, the petitioner was placed under suspension with effect from 18.11.2020 and his request for reinstatement has been rejected by the DEO. The petitioner has approached the Government with Ex.P9 representation seeking review of his suspension and reinstatement in service. The learned counsel for the petitioner submits that the offence alleged against the petitioner is completely unconnected with his duty as a teacher in an aided school and was only due to a minor issue with his neighbors. It is submitted that the request made by the petitioner for reinstatement in service

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WP(C) NO. 13637 OF 2021

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is to be decided taking note of the nature of the offence alleged against the

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petitioner as well.

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The learned Government Pleader submits that the representation submitted by the petitioner as Ext.P9 can be considered with notice to the petitioner as well as the Manager.

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There will, accordingly, be a direction to the 1^st respondent to take up, consider and pass orders on Ext.P9 representation preferred by the petitioner with notice to the petitioner as well as the 5^th respondent and after hearing them through any appropriate means, including by video conferencing. Appropriate orders shall be passed within a period of two months from the date of receipt of a copy of this judgment. The specific contention raised by the petitioner with regard to the nature of the offence will also be taken note of by the Government while passing orders as directed above.

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This writ petition is ordered accordingly.

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Sd/- ANU SIVARAMAN JUDGE

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SVP

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WP(C) NO. 13637 OF 2021

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APPENDIX OF WP(C) 13637/2021

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PETITIONER EXHIBITS

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`Exhibit P1` `A TRUE COPY OF THE`	`FIR`	`IN CRIME NO.1231/2020 DATED`
`18/11/2020 OF KULA`	`THOO`	`PUZHA POLICE STATION`

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`Exhibit P2`	`A TRUE COPY OF THE`	`ACCIDENT REGISTER-CUM-WOUND`
	`CERTIFICATES DATED`	`18.11.2020 OF TALUK HEADQUARTERS`
	`HOSPITAL, PUNALUR`

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`Exhibit P3` `A TRUE COPY OF THE OUTPAT`	`IENT RECORDS DATED 27.11.2020`

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`Exhibit P4`	`A TRUE COPY OF`	`THE PETITION`	`BY THE PETITIONER'S MOTHER,`
	`KHADEEJA BEEVI`	`GIVEN TO THE`	`COMMISSIONER OF POLICE,`
	`KOLLAM DISTRICT`

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`Exhibit P5`	`A TRUE COPY OF THE ORDER IN CRIMINAL MC NO.1805/2020` `DATED 09.12.2020`
`Exhibit P6`	`A TRUE COPY OF THE ORDER NUMBER 125/KRGPMHS DATED` `01.12.2020`
`Exhibit P7`	`A TRUE COPY OF THE NUMBER B3/3797/2020 DATED 12.12.2020` `OF DISTRICT EDUCATION OFFICER, KOTTARAKKARA`
`Exhibit P8`	`A TRUE COPY OF LETTER-NUMBER B4/TALL 704/2020 DATED` `13/01/2021 OF DEPUTY DIRECTOR OF EDUCATION, KOLLAM`
`Exhibit P9`	`A TRUE COPY OF THE APPLICATION DATED 25.01.2021` `SUBMITTED BY THE PETITIONER TO THE FIRST RESPONDENT`

Abdul Basith v. the State of Kerala

Case brief

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Abdul Basith v. the State of Kerala

Case brief

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