ABDUL VAHAB Vs. MANAGER PTMU P

JUDGEMENT

(1.) The issues arising in these Writ Petitions are inter-connected. They were therefore heard together and are being disposed of by this common judgment. The brief facts of the case are as follows:

(2.) The Manager thereupon issued Ext.P-4 show cause notice dated 27-6-2005 calling upon the petitioner to show cause why the punishment of compulsory retirement from service should not be imposed on him. The petitioner submitted Ext.P-5 reply dated 11-7-2005 requesting the Manager to withdraw the proposal to impose a major punishment. The Manager thereafter moved the District Educational Officer, Kottarakkara for prior sanction to impose the punishment of compulsory retirement from service as required under Rule 74 of Chapter XIV-A of the Kerala Education Rules. By Ext.P-6 order dated 1-12-2005, the District Educational Officer declined to grant permission to impose the punishment of compulsory retirement and directed the Manager to impose a lesser punishment like barring of increments or reversion to a lower post. The Assistant Educational Officer was directed to quantify the liability of the petitioner and to direct him to refund the amount thus quantified.

(3.) The Manager did not act as directed by the District Educational Officer in Ext.P-6 order. Instead, by Ext.P-7 order dated 23-12-2005 he imposed on the petitioner the punishment of compulsory retirement from service with effect from 20-12-2004, the date on which he was placed under suspension. Aggrieved thereby, the petitioner filed Ext.P-8 revision petition dated 3-1-2006 before the Government. He thereafter filed W.P. (C) No. 884 of 2006 in this Court seeking expeditious disposal of the said revision petition. By Ext.P-10 judgment delivered on 11-1-2006, this Court disposed of the writ petition with a direction to the Government to take up the revision petition for consideration and dispose it of in accordance with law after notice to and hearing the petitioner and the Manager, within two months from the date of receipt of a copy of the judgment. The Government heard the parties on 7-4-2006 and by Ext.P-11 order passed on 3-5-2006, it set aside Ext.P-7 order and remitted the case back to the Manager with a direction to take a fresh decision in the matter after complying with the statutory provisions, within a month. The Government held that the action of the Manager in having issued Ext.P-7 order dated 23-12-2005 imposing the punishment of compulsory retirement is in violation of Rule 75(11)(c) of Chapter XIV-A of the Kerala Education Rules and hence, it is liable to be set aside.