KOMALAVALLI T. P. Vs. STATE OF KERALA

JUDGEMENT

(1.) The prayer is to quash Exts. P1, P5 and P8. Consequential reliefs are also sought for.

(2.) Petitioner was appointed as Headmistress of Chelora Lower Primary School in Kannur District and she assumed charge on 01/04/2000. According to the petitioner, even before her appointment, Manager wanted to appoint the 5th respondent overlooking her seniority, but was however unsuccessful. Petitioner submits that on 26/02/2001, she received a show cause notice from the Manager and that on 27/02/2001, a letter was received from the Deputy Director to appear for an enquiry before him on 13/03/2001 in connection with an enquiry into the allegations in the show cause notice. Petitioner submits that this notice was received by her only on 05/03/2001 and according to her, on 05/03/2001 itself, she filed an application requesting for copy of the charge sheet and other documents and also sought extension of time for submitting her explanation.

(3.) It is stated that while so on 17/04/2001, yet another show cause notice containing allegations against her were received, to which she submitted reply dated 21/04/2001. Meanwhile, petitioner was placed under suspension by Manager's order dated 23/03/2001 for the period upto 07/04/2001 and that the same was extended till 17/04/2001. Petitioner submits that no formal enquiry of any nature was conducted and that by Ext. P1 order dated 04/05/2001, issued by the Manager, she was demoted to the post of Assistant Teacher. An appeal was filed and that was rejected by the AEO by Ext. P5 order. Petitioner filed Ext. P6 revision before the Government and that was also rejected by Ext. P8. It is challenging Exts. P1, P5 and P8, this writ petition has been filed. The main contention raised by the learned counsel for the petitioner is that the formalities prescribed in R.75 of Chap.14A KER in the matter of imposition of major penalty has not been complied with.