IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE & THE HONOURABLE MR.JUSTICE P. KRISHNA KUMAR WEDNESDAY, THE 2ND DAY OF APRIL 2025 / 12TH CHAITHRA, 1947 WA NO. 492 OF 2025 AGAINST THE JUDGMENT DATED 5/3/2025 IN WP(C) NO.6666 OF 2025 OF HIGH COURT OF KERALA APPELLANT/S: SRI. SAJEEV KUMAR.S LAB ASSISTANT, RAJA RAVI VARMA GIRLS HIGHER SECONDARY SCHOOL KILIMANOOR, THIRUVANANTHAPURAM RESIDING AT SREEKRISHNA VILASOM, PANAPPAMKUNNU, MALAKKAL P.O., MADAVOOR, PALLICKAL, THIRUVANANTHAPURAM, PIN - 695602 BY ADVS. B.MOHANLAL ABIJITH M. ASWIN V. NAIR AVANI NAIR JAYAPRABHA ARJUN KARTHIK J SEKHAR PRAVEENA T. P.S.PREETHA RESPONDENT/S: 1 N.DIVIJENDAR REDDY AGED 54 YEARS S/O.NIMMASIVA REDDY, MANAGER, R.R.V. SCHOOLS, KILIMANOOR, THIRUVANANTHAPURAM, RESIDING AT 6-13, MAGADHA VILLAGE, KOKAPET, GANDIPET MANDAL, HYDERABAD, TELENGANA, PIN - 695601 WA NO. 492 OF 2025 -:2:- 2025:KER:28426 2 STATE OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER SECONDARY EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM, PIN - 690001 3 DIRECTOR OF GENERAL EDUCATION DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM, PIN - 695014 4 THE REGIONAL DEPUTY DIRECTOR RDD OFFICE, HSE, CORPORATION BUILDING, PALAYAM, THIRUVANANTHAPURAM, PIN – 695033 BY ADVS. GOVERNMENT PLEADER SHRI SUNILKUMAR KURIAKOSE SHRI GEORGE VARGHESE (PERUMPALLIKUTTIYIL) THIS WRIT APPEAL HAVING BEEN FINALLY HEARD ON 1/4/2025, THE COURT ON 2/4/2025 DELIVERED THE FOLLOWING: WA NO. 492 OF 2025 -:3:- 2025:KER:28426 J U D G M E N T Dated this the 2nd day of April, 2025 A.Muhamed Mustaque, J. In a writ petition filed by a Manager of an Aided School, the learned Single Judge of this Court interfered with an order passed by the Director of General Education withdrawing the suspension of a Lab Assistant, who is the appellant herein, working in the school. The appellant is under suspension w.e.f. 20/01/2025. He has been suspended for a serious dereliction of duty, namely, removing the attendance register of the Plus One batch illegally. The attendance register is still missing. The Police registered a case. The CCTV footage shows that the appellant removed the attendance register. A suspension beyond 15 days requires approval of the educational authority. The Regional Deputy Director refused to extend the suspension period beyond 15 days. The Director of General Education also did not approve the suspension period beyond 15 WA NO. 492 OF 2025 -:4:- 2025:KER:28426 days. This is how the Manager approached this Court in the writ petition. The learned Single Judge who heard the matter was of the view that, since grave allegations were imputed against the appellant, he should be kept under suspension till the enquiry proceedings are concluded; and ordered that the appellant should be suspended for a further period of three months and also ordered that the enquiry proceedings should be completed within the above time. 2. Normally, the Court cannot interfere with the decision of the Education Department not to extend the suspension period. However, we find that the authorities failed to apply their mind to the gravity of the issue. There are many allegations against the appellant in the memo of charges, attributing misconduct impacting the lives of the students as well. Taking note of the nature of the memo of charges issued, we are also of the view that the suspension shall continue till the enquiry proceedings are over as rightly ordered by the learned Single Judge. However, we order that if the enquiry is not concluded for any reasons not attributable to the appellant, within the above time, we give him liberty to approach the learned WA NO. 492 OF 2025 -:5:- 2025:KER:28426 Single Judge seeking reinstatement immediately on expiry of three months. With the above liberty, we dismiss the writ appeal. Sd/- A.MUHAMED MUSTAQUE, JUDGE Sd/- P. KRISHNA KUMAR, JUDGE ms