2025:KER:26261 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH FRIDAY, THE 28TH DAY OF MARCH 2025 / 7TH CHAITHRA, 1947 WP(C) NO. 13201 OF 2025 PETITIONER: SHANOJ C. G AGED 49 YEARS, S/O.C. M. GEORGE, HEADMASTER (UNDER SUSPENSION), HIGH SCHOOL, PENGAMUCK, THRISSUR DISTRICT – 680 544. ( RESIDING AT CHEERAN HOUSE, PENGAMUCK, THRISSUR DISTRICT), PIN – 680544. BY ADVS. V.A.MUHAMMED M.SAJJAD RESPONDENTS: 1 THE STATE OF KERALA REPRESENTED BY ITS PRINCIPAL SECRETARY TO GOVERNMENT GENERAL EDUCATION DEPARTMENT, SECRETARIAT ANNEXE - II, THIRUVANANTHAPURAM, PIN – 695001. W.P.(C)No.13201 of 2025 :2: 2025:KER:27063 2 THE DIRECTOR OF GENERAL INSTRUCTIONS JAGATHY, THIRUVANANTHAPURAM, PIN – 695014. 3 THE DEPUTY DIRECTOR OF EDUCATION AYYANTHOLE, THRISSUR DISTRICT, PIN – 680003. 4 THE DISTRICT EDUCATIONAL OFFICER CHAVAKKAD, THRISSUR DISTRICT, PIN – 680506. 5 THE MANAGER HIGH SCHOOL, PENGAMUCK, THRISSUR DISTRICT, PIN – 680544. BY ADV.SMT.ANIMA M, GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 28.03.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: W.P.(C)No.13201 of 2025 :3: 2025:KER:27063 J U D G M E N T Dated this the 28th day of March, 2025 The petitioner is the Headmaster of the School, Pengamuck, Thrissur District. The petitioner states that there is a proposal for the transfer of the Management. In order to post a Teacher who is having connection with the newly proposed Management, as the HM of the School, the Manager demanded the petitioner to demit his post and seek reversion as HSA or to avail voluntary retirement. Since relinquishment of promotion after accepting the same is not permissible, the petitioner expressed his inability to accede to the demand of the Manager. 2. In the meanwhile, the Manager failed to obtain Fitness Certificate of the School building after completing the W.P.(C)No.13201 of 2025 :4: 2025:KER:27063 works of the newly constructed building before the reopening of the School in June, 2024. So also, the Manager has effected illegal construction in the existing School building without getting permission from the Department. The Departmental authorities visited the School immediately, before reopening of the School in May, 2024 and recorded the said irregularity in the Visitors Book. As the Manager was annoyed over these incidents, on cooked up charges, the petitioner was placed under suspension. Realizing the malafide on the suspension, the Deputy Director refused to ratify the order of suspension and directed the District Educational Officer to effect recovery from the Manager, the amount towards the salary of the petitioner during the period of suspension, contends the petitioner. 3. Accordingly, as directed by the Administrative Assistant attached to the Deputy Director of Education, the W.P.(C)No.13201 of 2025 :5: 2025:KER:27063 petitioner assumed charge as Headmaster of the School on 13.06.2024 and intimated the same to the Manager on the very same day itself. In the while, the Manager approached the Deputy Director of Education to conduct an enquiry into the charges leading to Ext.P1 suspension. In this regard, the Deputy Director of Education scheduled an enquiry on 18.03.2025. It is received through e-mail on 17.03.2025. Thereupon, the petitioner communicated the same to the Manager by local delivery book, by registered post and through Whatsapp message, as the Manager is not in talking term with the petitioner and the Manager would not attend the calls made by the petitioner for long. The messenger intimated that local delivery cannot be effected as the Manager was not available in his house when it was tendered. 4. Based on the information, it was delivered on March 17 at 5.33 pm and it was seen. However, on the date of W.P.(C)No.13201 of 2025 :6: 2025:KER:27063 enquiry Manager was not present. Now, the Manager has again placed the petitioner under suspension, alleging that the petitioner failed to communicate the notice of enquiry to the Manager. It is an abuse of process of law. The petitioner has filed an Appeal before the Deputy Director of Education. It is pending. It is highly necessary to stay the suspension, enabling to continue the petitioner as Headmaster pending consideration of Ext.P9, contends the petitioner. 5. I have heard the learned Counsel for the petitioner and the learned Government Pleader representing respondents 1 to 4. Notice to the 5th respondent is dispensed with in view of the nature of the relief to be granted in this writ petition. 6. Ext.P8 would show that the petitioner has again been put under suspension, alleging that the petitioner- Headmaster has not taken any steps to communicate the W.P.(C)No.13201 of 2025 :7: 2025:KER:27063 enquiry notice to the Manager through telephone or Special Messenger. Exts.P5, P6 and P7 would show that the petitioner had taken possible steps for communicating the notice on the Manager. However, on that account, the petitioner stands suspended. It is to be noted that an earlier order of suspension imposed on the petitioner was held to be arbitrary and illegal by the Deputy Director of Education. 7. Taking into consideration all the afore circumstances, I am of the view that Ext.P9 representation preferred by the petitioner to the Deputy Director of Education against Ext.P8 suspension order is liable to be considered expeditiously and in accordance with law. The writ petition is accordingly disposed of directing the 3rd respondent-Deputy Director of Education to consider Ext.P9 representation submitted by the petitioner against Ext.P8 and take appropriate decision thereon, as early as possible and at W.P.(C)No.13201 of 2025 :8: 2025:KER:27063 any rate, within a period of 15 days positively, with notice to the petitioner and the 5th respondent-Manager. Till a decision is taken by the 3rd respondent, operation of Ext.P8 shall stand deferred enabling the petitioner to continue in service as Headmaster. Sd/- N. NAGARESH JUDGE ams W.P.(C)No.13201 of 2025 :9: 2025:KER:27063 APPENDIX OF WP(C) 13201/2025 PETITIONER'S EXHIBITS Exhibit P-1 TRUE COPY OF THE ENTRIES IN THE VISITORS BOOK Exhibit P-2 TRUE COPY OF THE ORDER NO. 1345/24 DATED 30.05.2024 PLACING THE PETITIONER UNDER SUSPENSION Exhibit P-3 TRUE COPY OF THE ORDER NO.DDETSR/4853/2024-B6 DATED 13.06.2024 Exhibit P-4 TRUE COPY OF THE NOTICE NO. DDETSR/4853/2024-B6 FOR ENQUIRY DATED 15.03.2025 Exhibit P-5 TRUE COPY OF THE RELEVANT PAGE OF THE LOCAL DELIVERY BOOK Exhibit P-6 TRUE COPY OF THE SENDING RECEIPT THROUGH REGISTERED POST ALONG WITH COVERING LETTER DATED 17.03.2025 Exhibit P-7 TRUE COPY OF THE SCREENSHOT OF WHATSAPP MESSAGE Exhibit P-8 TRUE COPY OF THE SUSPENSION ORDER VIDE NO.1375/2024-25 DATED 27.03.2025 ISSUED BY THE MANAGER Exhibit P-9 TRUE COPY OF THE APPEAL BEFORE THE DEPUTY DIRECTOR OF EDUCATION DATED 28.03.2025 (WITHOUT EXHIBITS) W.P.(C)No.13201 of 2025 :10: 2025:KER:27063 Exhibit P-10 TRUE COPY OF THE DECISION REPORTED IN 2021(4) KHC 110 (MANAGER ZAMORIN’S HIGHER SECONDARY, CHALAPPURAM VS. DISTRICT EDUCATIONAL OFFICER, KOZHIKODE AND OTHERS) DATED 04.06.2021