The court closed the writ petition since the petitioner had filed a subsequent writ petition (No.17659/2020) covering relevant issues, leaving liberty to pursue contentions in the new petition.
The writ petition is closed with liberty to the petitioner to pursue contentions in W.P.(C) No.17659/2020.
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 DEVAN RAMACHANDRAN
MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942
WP(C).No.2480 OF 2020(H)
PETITIONER:
HARIHARAN K., AGED 49 YEARS S/O BALAKRISHNAN NAIR, HARISREE, CHEMBRASSERI.P.O, PANDIKKAD, MALAPPURAM DISTRICT - 676521. HEAD MASTER(UNDER SUSPENSION),A.U.P.SCHOOL, CHEMBRASSERI.PO, CHEMBRASSERI-676521.
BY ADV. SRI.BIJU ABRAHAM
RESPONDENTS:
1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT,THIRUVANANTHAPURAM695001.
2 THE DIRECTOR OF GENERAL EDUCATION, JAGATHY,THIRUVANANTHAPURAM-695014.
3 DISTRICT EDUCATIONAL OFFICER, MALAPPURAM,MALAPPURAM.P.O,-676505.
A.U.P.SCHOOL,CHEMBRASSERI.P.O, CHEMBRASSERI,PANDIKKAD,MALAPPURAM DISTRICT-676521.
7 VIDYA.K, AGED 39 YEARS W/O.PRAVEEN MARANAT,U.P.S.T.,A.U.P.SCHOOL, CHEMBASSERI.P.O, CHEMBASSERI,PANDIKKAD, MALAPPURAM-676521.
SRI.S.KRISHNAMOORTHY SMT.NITHYA SUGUNAN SRI. P.M.MANOJ - SR.GP
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No.2480 OF 2020(H)
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JUDGMENT
Dated this the 18th day of January 2021
Since the petitioner has already preferred W.P.(C) No.17659/2020 subsequently, wherein issues relevant to this case have also been impelled, I close this writ petition, leaving liberty to the petitioner to pursue all his contentions in the above mentioned new petition.
This writ petition is thus closed.
Sd/- DEVAN RAMACHANDRAN
JUDGE
Stu
WP(C).No.2480 OF 2020(H)
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APPENDIX
PETITIONER'S EXHIBITS:
| EXHIBIT | P1 A TRUE COPY OF THE NOTICE CIRCULATED BY THE MEMO DATED 02.08.2018 |
|---|---|
| EXHIBIT | P2 A TRUE COPY OF THE NOTICE DATED 19-11-2018 ISSUED BY THE PETITIONER TO THE TEACHERS |
| EXHIBIT | P3 A TRUE COPY OF THE ORDER DATED 30.03.2019 OF THE 4TH RESPONDENT |
| EXHIBIT | P4 A TRUE COPY OF THE ORDER DATED 30.05.2019 OF THE 4TH RESPONDENT |
| EXHIBIT | P5 A TRUE COPY OF THE REPORT OF THE PETITIONER DATED 14.06.2019 OF THE ACADEMIC YEAR 2019-20 |
| EXHIBIT | P6 A TRUE COPY OF THE STAFF FIXATION ORDER DATED 16.07.2019 OF THE 4TH RESPONDENT |
| EXHIBIT | P7 A TRUE COPY OF THE ORDER OF SUSPENSION DATED 21.08.2019 OF THE 5TH RESPONDENT TO THE PETITIONER. |
| EXHIBIT | P8 A TRUE COPY OF THE ALLEGATION OF CHARGE SHEET DATED 21.08.2019 GIVEN BY THE 5TH RESPONDENT TO THE PETITIONER |
| EXHIBIT | P9 A TRUE COPY OF THE CHARGE MEMO ISSUED BY THE 5TH RESPONDENT DATED 21.08.2019 TO THE PETITIONER. |
| EXHIBIT | P10 A TRUE COPY OF THE COMPLAINT ALLEGED TO HAVE BEEN GIVEN BY 31 TEACHERS TO THE 5TH RESPONDENT NIL DATED |
| EXHIBIT | P11 A TRUE COPY OF THE EXPLANATION GIVEN BY THE PETITIONER TO THE 4TH & 5TH RESPONDENTS |
| EXHIBIT | P12 A TRUE COPY OF THE ORDER DATED 02.09.2019 OF THE 4TH RESPONDENT |
| EXHIBIT | P13 A TRUE COPY OF THE ORDER DATED 03.09.2019 OF THE 5TH RESPONDENT |
| EXHIBIT | P14 A TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT |
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| EXHIBIT P15 | A TRUE COPY OF THE JUDGMENT DATED 01-10-2019 IN W.P(C)NO.24815/2019 |
|---|---|
| EXHIBIT P16 | A TRUE COPY OF THE ORDER DATED 04.11.2019 OF THE 3RD RESPONDENT |
| EXHIBIT P17 | A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT |
| EXHIBIT P18 | A TRUE COPY OF THE JUDGMENT IN W.P.(C) NO.30424/2019 DATED 12.11.2019 |
| EXHIBIT P19 | A TRUE COPY OF THE COMMUNICATION SEND BY THE PETITIONER TO THE 1ST RESPONDENT DATED 23.11.2019 |
| EXHIBIT P20 | A TRUE COPY OF THE ORDER OF SAY GRANTED BY THE 1ST RESPONDENT IN THE REVISION FILED BY THE 5TH RESPONDENT DATED 27.11.2019 IS PRODUCED HEREWITH AND MARKED AS EXHIBIT P20. |
| EXHIBIT P21 | A TRUE COPY OF THE WITHDRAWAL OF STAY ORDER DATED 18-12-2019 ISSUED BY THE 1ST RESPONDENT |
| EXHIBIT P22 | A TRUE COPY OF THE JUDGMENT IN W.P(c)NO.33977/2019 OF THIS HON'BLE COURT DATED 12.12.2019 |
| EXHIBIT P23 | A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE MANAGER 24-12-2019 WITH COPY TO THE 4TH RESPONDENT. |
| EXHIBIT P24 | A TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT ON 04.01.2020. |
| EXHIBIT P25 | A TRUE COPY OF THE NOTICE OF ENQUIRY DATED 16-01-2020 ISSUED BY THE 4TH RESPONDENT |
| EXHIBIT P26 | A TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT DATED 20.01.2020. |
| EXHIBIT P27 (I.A.1/20) |
A TRUE COPY OF THE G.O.NO.J1/164/19/G.EDN. DATED 28.06.2019, ISSUED BY THE 1ST RESPONDENT. |
| EXHIBIT P27 (I.A.3/20) |
A TRUE COPY OF THE NOTICE ISSUED BY THE FOURTH RESPONDENT DATED 25.08.2020 |
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| EXHIBIT P28 | A TRUE COPY OF THE NOTICE SEND BY THE PETITIONER THROUGH HIS LAWYER TO THE 4TH RESPONDENT. |
|---|---|
| EXHIBIT P29 | A TRUE COPY OF TH REPORT SUBMITTED BY THE 4TH RESPONDENT DATED 22-09-2020 |
| EXHIBIT 30 | A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 29-09-2020 |
| EXHIBIT 33 (I.A.7/20) |
A TRUE COPY OF THE COMMUNICATION DATED 02.12.2020 OF THE MANAGER. |
| EXHIBIT 34 | A TRUE COPY OF THE JUDGMENT IN W.A.NO.1545/2020 OF THIS HONOURABLE COURT DATED 01.11.2020. |
HARIHARAN K.
STATE OF KERALA
THE DIRECTOR OF GENERAL EDUCATION
DISTRICT EDUCATIONAL OFFICER, MALAPPURAM
ASSISTANT EDUCATIONAL OFFICER, MANJERI
THE MANAGER, A.U.P.SCHOOL, CHEMBRASSERI
DEVAN RAMACHANDRAN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
