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2025 DAILYLAW 2993 (KER)

V.C.PRAVEEN v. THE STATE OF KERALA

WP(C)/567/2024 · 2025-03-27

N Nagaresh

Writ Petition (Civil)body2025

Judgment text

Extracted from the PDF above. The PDF is authoritative.

2025:KER:26815 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH THURSDAY, THE 27TH DAY OF MARCH 2025 / 6TH CHAITHRA, 1947 WP(C) NO. 567 OF 2024 PETITIONER: V.C.PRAVEEN AGED 53 YEARS, S/O CHANDRASEKARAN, LAB ASSISTANT , V.P.M. S.N.D.P. H.S.S. KAZHIMBRAM(ON LEAVE), VAZHOOR HOUSE, KARAYAMUTTAM P.O, VALAPPAD, THRISSUR DISTRICT, PIN – 680567. BY ADVS. C.D.DILEEP SHYLAJA VARGHESE M.L.REMYA RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEX-II, THIRUVANANTHAPURAM, PIN – 695001. W.P.(C)No.567 of 2024 :2: 2025:KER:26815 2 THE DIRECTOR OF GENERAL EDUCATION (HIGHER SECONDARY DEPARTMENT) HOUSING BOARD BUILDING, SANTHI NAGAR, THIRUVANANTHAPURAM, PIN – 695001. 3 THE REGIONAL DEPUTY DIRECTOR HIGHER SECONDARY EDUCATION, EDAPPALLY, ERNAKAULAM, PIN – 680024. 4 THE MANAGER S.N.D.P. YOGAM SCHOOLS, KOLLAM DISTRICT., PIN – 691001. BY ADVS. SRI.A.N.RAJAN BABU SRI.PREMCHAND R. NAIR, SR.GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.567 of 2024 :3: 2025:KER:26815 J U D G M E N T Dated this the 27th day of March, 2025 The petitioner, who is a Lab Assistant in V.P.M. S.N.D.P.H.S.S, Kazhimbram, has filed this writ petition seeking to quash Ext.P9 order declaring that the order is arbitrary, illegal and vitiated by bias and mala fides. 2. Going through Ext.P9, I find that in a disciplinary proceedings initiated against the petitioner, the Management has found that the petitioner is guilty. By Ext.P9, the Management required the petitioner to showcause against the proposal. 3. The petitioner approached this Court challenging Ext.P9. When this writ petition came up for admission, this Court granted an interim order directing the 4th respondent that orders to be passed in Ext.P9 shall not be W.P.(C)No.567 of 2024 :4: 2025:KER:26815 implemented for a period of ten days. The interim order was subsequently extended from time to time. 4. I find that the petitioner has preferred Ext.P12 revision petition against Ext.P9 order, in the meanwhile. Ext.P12 being a revision petition filed under Rule 92 of Chapter XIVA of KER, it would be only appropriate that the 1st respondent considers the same and takes a decision in accordance with law. The writ petition is accordingly disposed of directing the 1st respondent to take a decision on Ext.P12 revision petition within a period of three months. The petitioner may move the 1st respondent for interim reliefs also. It is made clear that this Court has not expressed anything on the merit of the claims made by the petitioner. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.567 of 2024 :5: 2025:KER:26815 APPENDIX OF WP(C) 567/2024 PETITIONER EXHIBITS Exhibit-P1 A TRUE COPY OF THE PETITIONER’S APPLICATION FOR LEAVE FROM 16.01.2019 TO 03.07.2023 ALONG WITH UNDERTAKING DATED 04.06.2018. Exhibit-P2 A TRUE COPY OF THE FORWARDING LETTER NO.E 124/2018 DATED 24.10.2018 OF THE 4TH RESPONDENT. Exhibit-P3 A TRUE COPY OF THE LETTER NO. A6/9122/R.D.D./H.S.D/EKM/19 DATED 09.08.2019 ISSUED BY THE 3RD RESPONDENT TO THE 4TH RESPONDENT. Exhibit-P4 A TRUE COPY OF THE ENQUIRY REPORT NO-E NO.1684/2020/SCE DATED 04/12/2020 OF THE VIGILANCE AND ANTI-CORRUPTION BUREAU. Exhibit-P5 A TRUE COPY OF THE REPORT OF THE DEPUTY DIRECTOR ACADEMIC DATED 20/04/2023. Exhibit-P6 A TRUE COPY OF THE CHARGE MEMO AND STATEMENT OF ALLEGATIONS E1/50/2023 DATED 29.06.2023 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. Exhibit-P7 A TRUE COPY OF THE COMMUNICATION OF THE 4TH RESPONDENT NO.E1-50/2023 DATED 01.11.2023. Exhibit-P8 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER TO THE 4TH RESPONDENT MANAGER DATED 25.11.2023. W.P.(C)No.567 of 2024 :6: 2025:KER:26815 Exhibit-P9 A TRUE COPY OF THE ORDER PASSED BY THE MANAGER NO.E1-50/2023 DATED 15/12/2023. Exhibit-P10 A TRUE COPY OF THE OBJECTION FILED BY THE PETITIONER DATED 09.01.2024 TO THE 4TH RESPONDENT. Exhibit-P11 A TRUE COPY OF THE JOINING REPORT DTAED 04.07.2023 OF THE PETITIONER. Exhibit-P12 A TRUE COPY OF THE REVISION PETITION DATED 25.03.2025 SUBMITTED BEFORE THE GOVERNEMENT RESPONDENT EXHIBIT Exhibit R 4 (a) TRUE COPY OF ORDER DATED 30/06/2021 NO.ACD.B2/114993/2018/HSE.