KADEEJA KUTTY Vs. STATE OF KERALA

JUDGEMENT

(1.) The Manager of an aided school is the petitioner herein. The present dispute arose when the order of suspension issued by the Manager, suspending the fourth respondent, an Assistant Teacher of the school, was interfered with by the Assistant Educational Officer, the third respondent herein.

(2.) After the filing of the writ petition, the petitioner has filed a revision petition before the Government as per Ext.P7 along with a petition for staying the impugned orders herein.

(3.) Ext.P1 is the order of suspension and the period of suspension was 15 days. The Manager, by Ext.P1(a) required the Asst. Educational Officer to conduct a preliminary investigation and to extend the suspension beyond the period of 15 days. The continuance of the suspension was refused by the Asst. Educational Officer as per Ext.P2, according to the petitioner, because of certain political pressure. Thereafter, the petitioner filed an appeal before the District Educational Officer as per Ext.P3 and while that was pending, the Asst. Educational Officer issued a further direction to the Manager to disburse the salary and allowances of the fourth respondent and that the same will be recovered from the Manager as a liability. By Ext.P6, the Asst. Educational Officer further directed the fifth respondent who is the Headmaster of the school, to be proceeded with for not implementing his orders. Therefore, Exts.P2, P5 and P6 are under challenge in this writ petition and by an interim order dated 17.5.2011 this Court granted a stay.