K.S.SHINUMOL Vs. STATE OF KERALA

JUDGEMENT

(1.) Writ Petition No.16025 of 2017 is filed by the Headmistress, who is placed under suspension by the Manager, who is the petitioner in W.P(C) No.18328 of 2017. The Headmistress filed the above writ petition seeking a declaration that the order of suspension issued on 24.04.2017 is no longer in existence, since the Deputy Director of Education issued an order on 8.05.2017 refusing to grant permission for extension of suspension beyond 15 days and at the same time directed the reinstatement of the Headmistress. The Manager is challenging the order of the Deputy Director as well as that of Government directing re-instatement, issued on 8.5.2017, 27.5.2017 and 29.05.2017. As both the writ petitions relate to the same issue, the writ petitions are disposed of by this common judgment. The documents referred to herein are as described in W.P.(C) No.18328 of 2017.

(2.) The Manager placed the headmistress under suspension as per Ext.P1 order dated 24.4.2017 for 15 days referring to various irregularities and lapses on her part including those in the conduct of Vidyajyothi Programme stating that a detailed inquiry was required into those. Ext.P1 order along with the entire records was forwarded to the District Educational Officer with a request for permission to continue her under suspension beyond 15 days. The District Educational Officer forwarded the same to the Deputy Director of Education. The Deputy Director of Education thereupon passed Ext.P7 order denying permission saying that the enquiry revealed that there are no circumstances warranting suspension of the Headmistress and directing the re-instatement of the Headmistress.

(3.) The Manager had taken up the matter before Government and even though a stay was granted against the direction of the Deputy Director of Education on 17.05.2017, the revision petition was rejected on 29.05.2017, as per Ext.P9 order dated 27.05.2017, Government directed the Deputy Director of Education to re-instate Smt.Shinumol (the Headmistress) and called for a report from him after conducting a detailed enquiry into the matter. Pursuant to this the Deputy Director issued Ext. P10 order dated 29.05.2017, directing the Manager to re-instate the petitioner forthwith, pending the detailed inquiry as ordered by the Government.