Disposed

Sindhu P., v. State of Kerala

Kerala HC12 Jan 2021WP(C)/821/2021

Case brief

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What is this about?

The High Court of Kerala directed the Department of General Education to expedite the petitioner's revision petition regarding bogus admission allegations. The court ordered hearings via video conferencing and kept disciplinary proceedings pending until the Government passes final orders within three months.

What did the court decide?

Directed the first respondent to consider the Ext.P10 revision petition with notice to the petitioner and others, pass orders within three months, and keep proceedings under Ext.P13 in abeyance.

Sindhu P., Vs State of Kerala — Pension and Retirement Benefits | Kerala HC (2021)

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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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TUESDAY, THE 12TH DAY OF JANUARY 2021 / 22TH POUSHA, 1942

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WP(C).No.821 OF 2021

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PETITIONER:

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SINDHU P., AGED 43 YEARS, LOWER PRIMARY SCHOOL ASSISTANT, CHERUVANCHERRY WEST L.P.SCHOOL, PO CHERUVANCHERRY 670 650, KANNUR DISTRICT

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BY ADV. SRI.POOVAMULLE PARAMBIL ABDUL KAREEM

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RESPONDENTS:

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1 STATE OF KERALA,

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REP.BY THE SECRETARY TO GOVERNMENT, DEPARTMENT OF GENERAL EDUCATION, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM 695 001

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2 DIRECTOR OF GENERAL EDUCATION,

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OFFICE OF THE DIRECTOR OF GENERAL EDUCATION, THIRUVANANTHAPURAM 695 001.

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3 SUPER CHECK OFFICER, SUPER CHECK SELL (MALABAR REGION), CIVIL STATION, KOZHIKODE 673 020.

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4 DEPUTY DIRECTOR OF EDUCATION, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, KANNUR 670 001

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5 ASSISTANT EDUCATIONAL OFFICER, KUTHUPARAMABA, KANNUR DISTRICT 670 643.

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6 MANAGER, CHERUVANCHERY, WEST L.P.SCHOOL, PO CHERUVANCHERY 670 650

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7 HEAD MASTER, CHERUVANCHERY WEST L.P SCHOOL, PO CHERUVANCHERY 670 650

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WP(C).No.821 OF 2021 -2-

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OTHER PRESENT:

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SR.GP - NISHA BOSE

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.01.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

WP(C).No.821 OF 2021

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JUDGMENT

Dated this the 12th day of January 2021

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This writ petition is filed challenging Exts.P1, P2 & P13 orders as also seeking a direction to the 1^st respondent to consider Ext.P10 revision petition expeditiously.

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Heard the learned counsel for the petitioner and the learned Government Pleader.

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It is submitted by the learned counsel for the petitioner that challenging orders passed alleging bogus admissions in the School, the petitioner has preferred Ext.P10 revision petition before the first respondent. It is submitted that during the pendency of Ext.P10, Ext.P13 show cause notice has been issued threatening to impose penalty on the petitioner.

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It is submitted by the learned counsel for the petitioner that if factual aspects of the matter had been explained by the petitioner before the Government in Ext.P10 revision petition and in case Ext.P10 revision is properly considered by the Government, it will be clear

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WP(C).No.821 OF 2021

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that there were no bogus admissions and that there was no requirement for taking disciplinary action against the petitioner.

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Having heard the learned Government Pleader also, I am of the opinion that the statutory revision petition preferred by the petitioner is to be considered by the Government in accordance with law. There will be a direction to the first respondent to take up, consider and pass orders on Ext.P10 revision petition with notice to the petitioner as well as the Manager and any other affected parties and to pass orders on the same within a period of three months from the date of receipt of a copy of the judgment. It is made clear that hearing pending can be conducted through any appropriate means including video conferencing. Till orders are passed on Ext.P10 revision petition by the Government, further proceedings pursuant to Ext.P13 with regard to the petitioner shall be kept in abeyance.

Sd/-

ANU SIVARAMAN

JUDGE

WP(C).No.821 OF 2021

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APPENDIX

PETITIONER'S/S EXHIBITS:

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EXHIBIT P1 TRUE COPY OF THE PROCEEDINGS NO.SC/150/2016/KKD DATED 17.7.2017 ISSUED BY THE 2ND RESPONDENT EXHIBIT P2 TRUE COPY OF ORDER NO.SC/150/2016/K/K/D DATED 19/6/2018 ISSUED BY THE 2ND RESPONDENT EXHIBIT P3 TRUE COPY OF THE TRANSFER CERTIFICATES ISSUED BY THE HEAD MASTER OF CHERUVANCHERI WEST LP SCHOOL ALONG WITH LETTER DATED 27/11/2018 OF THE HEAD MASTER CONCERNED EXHIBIT P4 TRUE COPY OF THE TRANSFER CERTIFICATES ISSUED BY THE HEAD MASTER OF CHERUVANCHERI WEST LP SCHOOL ALONG WITH LETTER OF THE HEAD MASTER CONCERNED EXHIBIT P5 TRUE COPY OF THE TRANSFER CERTIFICATES ISSUED BY THE HEAD MASTER OF CHERUVANCHERI WEST LP SCHOOL ALONG WITH AN AFFIDAVIT DATED 25.5.2019 OF THE PARENT CONCERNED.

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EXHIBIT P6 TRUE COPY OF THE TRANSFER CERTIFICATES ISSUED BY THE HEAD MASTER OF CHERUVANCHERI WEST LP SCHOOL ALONG WITH AN AFFIDAVIT DATED 25.5.2019 OF THE PARENT CONCERNED. EXHIBIT P7 TRUE COPY OF LETTER DATED 13.9.2017 ISSUED BY THE HEAD MASTER CONCERNED EXHIBIT P8 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 27.11.2018 ISSUED BY THE 4TH RESPONDENT EXHIBIT P9 TRUE COPY OF THE REPLY DATED 29.12.2018

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WP(C).No.821 OF 2021

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ISSUED BY THE 4TH RESPONDENT EXHIBIT P10 TRUE COPY OF THE REVISION PETITION DATED 3.6.2019 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT EXHIBIT P11 TRUE COPY OF THE CHARGE MEMO DATED 31.10.2019 ISSUED BY THE 4TH RESPONDENT EXHIBIT P12 TRUE COPY OF THE REPLY DATED 31.10.2020 SUBMITTED BY THE PETITIONER EXHIBIT P13 TRUE COPY OF THE SHOW CAUSE NOTICE DATED 9.12.2020 ISSUED BY THE 4TH RESPONDENT EXHIBIT P14 TRUE COPY OF THE REPLY DATED 19.12.20 SUBMITTED BY THE PETITIONER

Sindhu P., v. State of Kerala

Case brief

What is this about?

What did the court decide?

Sindhu P., v. State of Kerala

Case brief

What is this about?

What did the court decide?

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