Partly allowed

Krishna Kumar M., v. the State of Kerala

Kerala HC20 Feb 2023WP(C)/1809/2023

Case brief

AI extract

What is this about?

Petitioner Manager sought writ jurisdiction to quash an order extending suspension of a suspended Arabic teacher and direct the State to consider a revision petition regarding sanction for compulsory retirement while staying the reinstatement order issued to the teacher.

What did the court decide?

Directed the 1st respondent to dispose of Ext.P20 revision within four months and kept the implementation of the reinstatement order (Ext.P17) in abeyance.

Krishna Kumar M., Vs the State of Kerala — Education and Admissions | Kerala HC (2023)

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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 P.V.KUNHIKRISHNAN

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MONDAY, THE 20^TH DAY OF FEBRUARY 2023 / 1ST PHALGUNA, 1944

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WP(C) NO. 1809 OF 2023

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PETITIONER:

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KRISHNA KUMAR M., AGED 49 YEARS S/O. BABY RAMAKRISHNAN, MANAGER, S.D.V.M.A.L.P.SCHOOL, CHUNANGAD P.O., OTTAPALAM, PALAKKAD - 679 511, RESIDING AT MELEPURATH HOUSE, MULANJUR POST, NELLIKURISSY,CHUNANGAD, OTTAPALAM, PALAKKAD., PIN - 679511 BY ADVS. ELVIN PETER P.J. K.R.GANESH GOURI BALAGOPAL ABHIJITH.K.ANIRUDHAN SREELEKSHMI A.S. ANU JOSEPH

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RESPONDENTS:

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1 THE STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION, DIRECTORATE OF GENERAL EDUCATION, THIRUVANANTHAPURAM, PIN - 695014 3 THE DISTRICT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD., PIN - 679101 4 THE ASSISTANT EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD., PIN - 679101 5 MR. SHAMEEM M.T., ARABIC TEACHER (UNDER SUSPENSION), S.D.V.M.A.L.P. SCHOOL, CHUNANGAD, RESIDING AT M.T. MANZIL, CHUNANGAD POST, OTTAPALAM,

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WP(C) NO. 1809 OF 2023

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PALAKKAD, PIN – 679511 BY ADV.SRI.K.M.FAISAL, GP

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 20.02.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 1809 OF 2023

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P.V.KUNHIKRISHNAN, J.

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-----------------------------W.P.(C)No. 1809 of 2023

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---------------------------------------------Dated this the 20^th day of February, 2023

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JUDGMENT

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The above writ petition is filed with the following

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prayers:

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“(i) to call for the records leading to Ext.P19 order issued by the 3 rd respondent DEO and quash the same;

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(ii) To issue a writ of mandamus, or any other appropriate writ order or direction directing the 1 st respondent Government to consider and pass orders on Ext.P20 revision petition filed by the petitioner after giving an opportunity of being heard to the petitioner as well as the 5 th respondent, within a time fixed by this Hon'ble Court;

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(iii) To issue a writ of mandamus, or any other appropriate writ, direction or order directing the respondents 3 and 4 not to order reinstatement of the 5 th respondent until an order is passed in Ext.P20 revision petition;

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(iv) To declare that the 1 st respondent is bound to consider and pass orders on Ext.P20 after

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WP(C) NO. 1809 OF 2023

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giving an opportunity of being heard to the parties concerned;

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(v) It is humbly prayed that this Hon'ble Court may be pleased to dispense with filing of English translation of Vernacular Documents.

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(vi) To issue such other writ, order or direction as this Hon'ble Court may deem fit and proper in the facts and circumstances of the case. ”[SIC]

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The petitioner is the Manager of Sree Devi Vilasom Memorial Aided Lower Primary School (S.D.V.M.A.L.P. School). The 5^th respondent was appointed as Arabic Teacher in the petitioner's School. While the 5^th respondent was working as Arabic Teacher, he was suspended from service as per Rule 67 of Chapter XIV-A KER as per Exhibit-P1 order. After suspending the 5^th respondent, the petitioner Manager sought permission from the 4^th respondent to extend the suspension beyond 15 days and the same was allowed as per Ext.P2 order. Pursuant to Ex.P2 order, the petitioner issued Ext.P3 order extending the suspension of the 5^th respondent till the finalization of

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WP(C) NO. 1809 OF 2023 5

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the disciplinary proceedings. Thereafter, the 3^rd respondent, as contemplated under Rule 67(9) of Chapter XIV-A KER, reconsidered and issued order extending the suspension of the 5^th respondent beyond 6 months as per Ext.P4 order and consequently, the petitioner issued Ext.P5 order. The petitioner, in the meanwhile, issued Memo of Charges together with the Statement of allegations to the 5^th respondent calling upon him to submit his statement of defence within 15 days from the date of receipt of the charge memo. Ext.P6 is the memo of charges. The 5^th respondent submitted objection to the same as evident by Ext.P7. Since the petitioner was not satisfied with the explanation of the 5^th respondent, the petitioner forwarded all the records to the 4^th respondent AEO with a request to conduct an enquiry as contemplated under Rule 75 of Chapter XIV-A KER. The 4^th respondent conducted a regular enquiry and after the enquiry, the Enquiry Officer prepared a report and

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WP(C) NO. 1809 OF 2023 6

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forwarded it to the petitioner Manager for completion of the disciplinary proceedings as evident by Exts.P8 and P9. In Ext.P9 enquiry report it is found that, as against eight charges framed against the 5^th respondent, five of them were found proved. After receiving Ext.P9 enquiry report, the petitioner issued Ext.P10 show cause notice to the 5^th respondent and Ext.P11 is the reply submitted by the 5^th respondent. Subsequently, the petitioner sought prior sanction from the 3^rd respondent DEO to impose the penalty of removal from service against the 5^th respondent as evident from Ext.P12 sanction petition. As per Ext.P13, the 3^rd respondent directed the petitioner that any other major penalty except removal from service could be imposed against the 5^th respondent. Accordingly, Ext.P14 order was passed by the petitioner imposing major penalty of compulsory retirement of the 5^th respondent. Ext.P14 was forwarded to the 3^rd respondent for information.

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WP(C) NO. 1809 OF 2023 7

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Thereafter, Ext.P15 was issued by the 3^rd respondent. On receiving Ext.P15, the petitioner submitted a petition as contemplated under Rule 74 of Chapter XIVA KER for granting prior sanction for imposing the punishment of compulsory retirement. Ext.P16 is the sanction petition. In the meanwhile, Ext.P17 communication was issued by the 4^th respondent directing the petitioner to reinstate the 5^th respondent in service. In the meanwhile, the petitioner filed W.P. (C)No.38503/2022 before this Court for a direction to the 3^rd respondent DEO to consider and pass orders on Ext.P16 sanction petition. This Court as per the interim order dated 29.11.2022 directed the 3^rd

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respondent DEO to consider and pass orders on Ext.P16 sanction petition after affording an opportunity of being heard to the petitioner as well as the 5^th respondent. Ext.P18 is the interim order. As per Ext.P19 order, the 3^rd respondent rejected the sanction petition. Aggrieved by Ext.P19, the petitioner

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WP(C) NO. 1809 OF 2023 8

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filed Ext.P20 revision petition before the 1^st respondent. The grievance of the petitioner is that the same is not considered by the 1^st respondent and in the meanwhile, if Ext.P17 is implemented, there will be problem for the smooth functioning of the School. Hence this writ petition is filed.

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

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When this writ petition came up for consideration on 19.01.2023, this Court passed the following order:

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“The learned Government Pleader takes notice for respondents 1 to 4. Issue notice by special messenger to the 5^th respondent.

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Post on 24.01.2023.”

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Even though service is complete to the 5^th

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respondent, there is no appearance for the 5^th respondent. Since the limited prayer of the petitioner is to consider Ext.P20 revision within a time frame and till then to keep in abeyance Ext.P17, I think the same

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WP(C) NO. 1809 OF 2023

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can be allowed.

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Therefore, this writ petition is disposed of in the following manner:

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i. The 1^st respondent is directed to

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consider and pass appropriate orders in Ext.P20 revision after giving an opportunity of hearing to the petitioner and the 5^th respondent, as expeditiously as possible, at any rate, within a period of four months from the date of receipt of a copy of this judgment.

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ii. Till final orders are passed in Ext.P20, the implementation of Ext.P17 shall be kept in abeyance.

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iii. Petitioner will produce a certified copy of this judgment along with a copy of the writ petition before the 1^st respondent for compliance.

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Sd/-

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P.V.KUNHIKRISHNAN

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JUDGE

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WP(C) NO. 1809 OF 2023

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APPENDIX OF WP(C) 1809/2023

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PETITIONER EXHIBITS

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EXHIBIT P1	TRUE COPY OF THE SUSPENSION ORDER
	DATED 13.11.2019 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT
EXHIBIT P2	TRUE COPY OF THE ORDER NO.
	D.3603/2019 DATED 25.11.2019 ISSUED BY THE 4TH RESPONDENT AEO EXTENDING THE SUSPENSION BEYOND 15 DAYS.
EXHIBIT P3	TRUE COPY OF THE ORDER NO.
	MGT19B/2019 DATED 26.11.2019 ISSUED
	BY THE PETITIONER TO THE 5TH RESPONDENT
EXHIBIT P4	TRUE COPY OF THE ORDER
	NO.K.DIS./B4/1814/2020 DATED
	09.06.2020 ISSUED BY THE 3RD RESPONDENT DEO.
EXHIBIT P5	TRUE COPY OF THE ORDER NO.
	M.G./19B/2019 DATED 12.06.2020
	ISSUED BY THE PETITIONER EXTENDING
	THE SUSPENSION OF THE 5TH RESPONDENT
	UNTIL THE FINALIZATION OF THE DISCIPLINARY PROCEEDINGS.
EXHIBIT P6	TRUE COPY OF MEMO OF CHARGES DATED
	21.11.2019 TOGETHER WITH THE
	STATEMENT OF ALLEGATIONS ISSUED BY
	THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P7	TRUE COPY OF THE STATEMENT OF
	OBJECTION DATED 03.12.2019 SUBMITTED
	BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P8	TRUE COPY OF THE COVERING LETTER
	DATED 27.10.2021 ISSUED BY THE 4TH
	RESPONDENT AEO TO THE PETITIONER

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WP(C) NO. 1809 OF 2023

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	MANAGER.
EXHIBIT P9	TRUE COPY OF THE ENQUIRY REPORT PREPARED BY THE 4TH RESPONDENT AEO DATED 18.09.2021.
EXHIBIT P10	TRUE COPY OF THE SHOW CAUSE NOTICE NO. M.G. 19B/2019 DATED 12.11.2021 ISSUED BY THE PETITIONER TO THE 5TH RESPONDENT.
EXHIBIT P11	TRUE COPY OF THE REPLY DATED 13.12.2021 ISSUED BY THE 5TH RESPONDENT TO THE PETITIONER.
EXHIBIT P12	TRUE COPY OF THE SANCTION PETITION NO. M.G. 19B/2019 DATED 22.12.2021 SUBMITTED BY THE PETITIONER UNDER
	RULE 74 OF CHAPTER XIVA KER BEFORE THE 3RD RESPONDENT DEO.
EXHIBIT P13	TRUE COPY OF THE SANCTION ORDER NO. K.DIS.B4/1562/2021 DATED 27.09.2022.
EXHIBIT P14	TRUE COPY OF THE ORDER NO.
	M.G.19B/2019 DATED 19.10.2022 ISSUED
	BY THE PETITIONER TO THE 5TH
	RESPONDENT IMPOSING MAJOR PENALTY OF COMPULSORY RETIREMENT.
EXHIBIT P15	TRUE COPY OF THE COMMUNICATION NO.
	DEOOTP11128/ 2022-B4 DATED
	09.11.2022 ISSUED BY THE 3RD
	RESPONDENT TO THE PETITIONER.
EXHIBIT P16	TRUE COPY OF THE SANCTION PETITION DATED 18.11.2022 ISSUED BY THE
	PETITIONER TO THE 3RD RESPONDENT DEO
EXHIBIT P17	TRUE COPY OF THE COMMUNICATION DATED
	04.11.2022 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER.
EXHIBIT P18	TRUE COPY OF THE INTERIM ORDER DATED
	29.11.2022 IN W.P.(C) NO. 38503/2022 OF THIS HON'BLE COURT

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WP(C) NO. 1809 OF 2023

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EXHIBIT P19 TRUE COPY FO THE ORDER NO. 11511/DEO OTP DATED 28.12.2022 ISSUED BY THE 3RD RESPONDENT DEO. EXHIBIT P20 TRUE COPY OF THE REVISION PETITION FILED BY THE PETITIONER UNDER RULE 92 OF CHAPTER XIVA KER.

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RESPONDENTS EXHIBITS : NIL

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//TRUE COPY// PA TO JUDGE

Krishna Kumar M., v. the State of Kerala

Case brief

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Krishna Kumar M., v. the State of Kerala

Case brief

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