K.MALLIKA Vs. STATE OF KERALA

JUDGEMENT

(1.) SINCE the same issues are involved in these writ petitions, they are being disposed of by this common judgment. The parties are referred as in W.P.(C) No. 11370 of 2013.

(2.) THE petitioner is the manager of Ramaguru Upper Primary School, Chirakkal, Kannur District (for short "the school"). The 3rd respondent was the Headmistress of the said school. She was placed under suspension pending enquiry into charges of misappropriation of funds. According to the petitioner, by Ext.P4 order (in W.P.(C) No. 11370 of 2013), the 2nd respondent directed reinstatement of the 3rd respondent. The petitioner has filed Ext.P5, revision dated 04.02.2013 before the 1st respondent (in W.P.(C) No. 11370 of 2013) challenging Ext.P4 order. One of the prayers in W.P.(C) No. 11370 of 2013 is to direct the first respondent dispose of the said revision.

(3.) THE learned counsel for the petitioner would submit that there are two orders of suspension the first of which is dated 03.10.2012 which the Government by Ext.P1, order dated 19.01.2013 in W.P.(C) No. 11370 of 2013 has interfered with and has directed reinstatement of the 3rd respondent (in W.P.(C) No. 11370 of 2013). It is submitted that on 21.01.2013, the 3rd respondent was suspended by the petitioner as per Ext.P2 (in W.P.(C) No. 11370 of 2013 and Ext.P3 (in W.P.(C) No. 4269 of 2013) for alleged misappropriation for lump sum grant for Scheduled Caste students and pre- metric scholarship of the OBC students of the School. It is submitted that the 3rd respondent is not entitled to be reinstated since Ext.P5, revision is pending before the 1st respondent.