LAWS(KER)-2010-1-109

SAJI VARGHESE Vs. SECRETARY TO GENERAL EDUCATION

Decided On January 28, 2010
SAJI VARGHESE Appellant
V/S
SECRETARY TO GENERAL EDUCATION Respondents

JUDGEMENT

(1.) The petitioner challenges the disciplinary proceedings initiated against him including suspension. On 30.10.2009, this Court passed the following interim order in this writ petition.

(2.) Heard the learned senior counsel appearing for the petitioner and the learned counsel appearing for the Manager. While admitting the writ petition, this Court directed to maintain the status quo as on that day for a period of one week. It stands extended by later orders.

(3.) The petitioner has filed this I.A in the light of the fact that the Manager has passed Exhibit P4 order whereby the order of suspension stands extended pending the revision filed by the Manager against Exhibit R3(H). Learned senior counsel for the petitioner Sri.Ramakumar submitted that the initial period of suspension was only for 15 days from 22.07.2009 and the order of stay passed by the Government is only from 30.09.2009 and going by the deeming provision contained in Rule 67(8) of Chapter XIV- A of Kerala Education Rules, the petitioner should be deemed to be reinstated in service and therefore, the Manager cannot, as a matter of fact, compel the petitioner to hand over the records.