AMIL ANTONY M.A. Vs. UNION OF INDIA

JUDGEMENT

(1.) This writ petition is filed by the petitioner seeking to quash Exts.P3 and P4, whereby an order was forwarded to the petitioner along with Ext.P4 Transfer Certificate, compulsorily transferring the petitioner, student from the school of the 2nd respondent. Material facts for the disposal of the writ petition are as follows:

(2.) Petitioner is a Xth Standard student of Kendriya Vidyalaya, represented by his father. Pursuant to an incident occurred, one Sheri T. has filed a complaint before the 2nd respondent, alleging that about 10 sovereigns of gold was lost from her house. It is further stated in the said complaint that the same was removed by her ward one Jimson James, also a student of the same school, which was sold through the petitioner herein. It was on the basis of the said complaint, action was initiated by the 2nd respondent. According to the petitioner, father of the petitioner paid the entire value of gold ornaments to the aunt and uncle of Jimson James and the entire issue has been settled amicably, consequent to which, there was no complaint made by the respective parties to the police seeking investigation of the same.

(3.) However, in connection with the above incident, 2nd respondent issued Ext.P1 order of suspension dated 22.08.2016 suspending the petitioner along with 4 other students with effect from 22.08.2016, subject to the outcome of enquiry by the Disciplinary Committee. On receipt of Ext.P1, petitioner submitted Ext.P2 whereas his father submitted Ext.P2(a) representation before the 2nd respondent extending unconditional apology, and also with a prayer to pardon the mistake committed by the petitioner. However, Ext.P3 is issued whereby the decision to compulsorily transfer the petitioner was communicated along with Ext.P4 compulsory Transfer Certificate dated 27.08.2016. It is in this background, challenging Exts.P3 and P4, petitioner has filed this writ petition.