OMANA SREE RAM, MANAGER Vs. STATE OF KERALA

JUDGEMENT

(1.) The Petitioner is the Manager of a Vocational Higher Secondary School and the challenge is against Ext.P12 order passed by the second Respondent. The issue pertains to the continuance of suspension of the third Respondent who is a Non Vocational Teacher in English in the school.

(2.) The third Respondent was suspended from service as per Ext.P1 order dated 28.11.2009. It is the case of the Petitioner that the second Respondent approved the same as per Ext.P3 communication. In the meanwhile, the third Respondent had approached the Director by Ext.P4 representation seeking reinstatement. It appears that during the pendency of Ext.P4, Ext.P5 memo of charges was issued and the Petitioner appointed an Advocate as Enquiry Officer, as evident from Ext.P6 communication. While so, the second Respondent directed the Petitioner to reinstate the third Respondent as per Ext.P7 communication. Ext.P8 is the order passed by the Government making applicable the provisions of Chapter XIV-A K.E.R. as far as the disciplinary proceedings against teaching and non teaching staff of aided Vocational Higher Secondary Schools.

(3.) Ext.P9 is the judgment in W.P.(C) No. 10373/2010 wherein this Court directed Ext.P4 representation filed by the third Respondent, to be considered by the Director, after affording an opportunity of being heard to the third Respondent as well as the Petitioner herein.