The Manager, Darussalam L.P. School vs The State of Kerala and Others

V. Giri, J.—Petitioner is the Manager of an Aided School. Pursuant to Exhibit-P1 complaint filed by the Headmistress of a nearby Government School, an enquiry was conducted against the conduct of the 5th respondent, who is the Headmistress of the petitioner''s school. Originally the 5th respondent was placed under suspension. Later, the order of suspension has been revoked, as evidenced by Exhibit-P12. This has been challenged by the petitioner in Exhibit-P13 revision before the Government. This writ petition has been filed praying for a direction to consider Exhibit P13 and for other appropriate reliefs.

A counter affidavit has been filed by the 5th respondent. Reference is inter alia made to Exhibit R5(e) order passed by the Deputy Director (Education) under Rule 67 (8) of Chapter XIV-A, KER ordering that the 5th respondent should be deemed to have been on duty from 8.4.2009.

The validity of the order revoking suspension is pending consideration before the Government. It is only appropriate that the Government takes a decision in the matter.

In the result, after hearing counsel on both sides, the writ petition is disposed of directing the 1st respondent to consider and pass orders on Exhibit-P13 within a period of six weeks from the date of receipt of a copy of this judgment. This shall be done after hearing the petitioner as also the 5th respondent.