2025:KER:30250 IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR.JUSTICE N.NAGARESH TUESDAY, THE 8TH DAY OF APRIL 2025 / 18TH CHAITHRA, 1947 WP(C) NO. 14663 OF 2025 PETITIONER: ANTONY V.R AGED 52 YEARS S/O. RAPHEL V.P, HEAD MASTER, S.T. ALBERT’S HIGH SCH ERNAKULAM (UNDER SUSPENSION), RESIDING AT VADAKKAL HOUSE, ELAKKUNNAPUZHA, VYPIN, ERNAKULAM DISTRICT., PIN - 682503 BY ADVS. P.N.SANTHOSH K.P.GEETHA MANI RESPONDENTS: 1 STATE OF KERALA REPRESENTED BY ITS SECRETARY GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM., PIN - 695001 2 THE DIRECTOR OF GENERAL EDUCATION, OFFICE OF THE DIRECTORATE OF GENERAL EDUCATION, JAGATHI, THIRUVANANTHAPURAM., PIN - 695014 3 THE DEPUTY DIRECTOR OF EDUCATION OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM DISTRICT., PIN - 682030 2025:KER:30250 WP(C) No.14663 of 2025 2 4 THE MANAGER CORPORATE EDUCATIONAL AGENCY ARCHDIOCESE OF VERAPOLY ST. ALBERT’S HSS CAMPUS, ERNAKULAM DISTRICT., PIN – 682018 BY ADV. SRI. PREMCHAND R. NAIR, SENIOR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 08.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: 2025:KER:30250 WP(C) No.14663 of 2025 3 JUDGMENT Dated this the 8th day of April, 2025 Petitioner is Headmaster (now under suspension) of St. Albert’s High School, Ernakulam, which is under the management of the 4th respondent. While working as Headmaster, the petitioner was suspended from service on 18.04.2023 by the 4th respondent and the same was extended beyond six months by the 3rd respondent. 2. Thereafter, the 4th respondent has issued a Memo of Charges with a statement of allegations to the petitioner. The petitioner has submitted a detailed written statement of his defense to the Memo of Charges. Without following any of the procedures known to law, an inquiry was conducted by the 3rd respondent and an Inquiry Report was submitted on 13.02.2024. 3. Based on the Inquiry Report, the 4th respondent has issued a notice proposing a punishment of 2025:KER:30250 WP(C) No.14663 of 2025 4 compulsory retirement from service. Since the 3rd respondent has denied permission to impose the said penalty, as the same is disproportionate to the gravity of charges, the 4th respondent has issued another notice proposing the punishment of reversion to the post of High School Teacher. 4. It is to be noted that under Rule 71 of Chapter XIVA of the KER, prior sanction is required from the Deputy Director of Education to impose a penalty of reversion to a lower post. However, the notice does not disclose that such a permission has been obtained from the Deputy Director of Education. Under Sub-rule 9 of Rule 67 of Chapter XIVA, when a Teacher under suspension is continuing for a period exceeding six months, the suspension has to be reviewed by the Educational Authorities and a decision is to be taken soon as to whether he should continue to be under suspension or not. 5. However, though the petitioner is under suspension for the last two years, no such review has been 2025:KER:30250 WP(C) No.14663 of 2025 5 conducted by the authority till this time. Even though the petitioner has requested to review his suspension, no action has been taken and hence, the petitioner is continuing under suspension endlessly. Hence this writ petition is filed seeking for a direction to the 4th respondent to reinstate the petitioner in service as Headmaster forthwith. 6. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 3 and the learned counsel appearing for the 4th respondent. 7. It is evident from the pleadings that the petitioner was originally suspended from service by the 4th respondent on 18.04.2023. The suspension was extended beyond a period of six months. Later, the proposal of the Management to impose punishment of compulsory retirement was not found favour with by the Educational Authorities. Now, the 4th respondent has proposed to impose the punishment of reversion of the petitioner. Such a proposal 2025:KER:30250 WP(C) No.14663 of 2025 6 has been issued after one year. 8. Taking into consideration the fact that the petitioner is under suspension from April, 2023, it would be only appropriate that the 4th respondent conclude the disciplinary proceedings, within a period of one month. The writ petition is accordingly disposed of directing the 4th respondent to conclude the disciplinary proceedings against the petitioner and forward its conclusion for ratification, within a period of one month from today. If the 4th respondent fails to forward the order in conclusion of the disciplinary proceedings to the Deputy Director of Education within one month, the petitioner shall be reinstated. Needless to say, this will be subject to statutory appellate and revisional rights of both parties. Sd/- N.NAGARESH JUDGE spk 2025:KER:30250 WP(C) No.14663 of 2025 7 APPENDIX OF WP(C) 14663/2025 PETITIONER EXHIBITS Exhibit P-1 A TRUE COPY OF THE ORDER NO. C- 4588/2023 DATED 18-04-2023, ISSUED BY THE 4TH RESPONDENT. Exhibit P-2 A TRUE COPY OF THE ORDER NO. G1/3505/2023/D.D.E DATED 29-04-2023, ISSUED BY THE 3RD RESPONDENT. Exhibit P-3 A TRUE COPY OF THE MEMO OF CHARGES WITH STATEMENT OF ALLEGATION DATED 30- 05-2023, ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. Exhibit P-4 A TRUE COPY OF THE WRITTEN STATEMENT OF DEFENSE DATED 19-06-2023, SUBMITTED BY THE PETITIONER TO EXHIBIT P-3 OF MEMO OF CHARGES. Exhibit P-5 A TRUE COPY OF THE JUDGMENT DATED 23- 11-2023 IN WP(C) NO 29397/2023, OF THIS HON’BLE COURT. Exhibit P-6 A TRUE COPY OF THE APPLICATION DATED 15-02-2024, SUBMITTED BY THE PETITIONER UNDER RIGHT TO INFORMATION ACT BEFORE THE PUBLIC INFORMATION OFFICE, OFFICE OF THE DEPUTY DIRECTOR OF EDUCATION, ERNAKULAM. Exhibit P-7 A TRUE COPY OF THE INQUIRY REPORT ALONG WITH THE COVERING LETTER NO. G1/3505/2023 DATED 13-02-2024, SUBMITTED BY THE 3RD RESPONDENT BEFORE THE 4TH RESPONDENT. Exhibit P-8 A TRUE COPY OF THE NOTICE NO C/4627/24 DATED ON 21-02-2024 ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. 2025:KER:30250 WP(C) No.14663 of 2025 8 Exhibit P-9 A TRUE COPY OF THE OBJECTION DATED 09- 03-2024 TO THE ENQUIRY AND INQUIRY REPORT SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT. Exhibit P-10 A TRUE COPY OF THE NOTICE NO. C/4627/24 DATED 25/03/2025, ISSUED BY THE 4TH RESPONDENT TO THE PETITIONER. Exhibit P-11 A TRUE COPY OF THE REPLAY DATED 29/03/2025, SUBMITTED BY THE PETITIONER BEFORE THE 4TH RESPONDENT.