Mary Jain P.C. Vs The State of Kerala and Others

High Court Of Kerala 17 May 2010 Writ Petition (C) No. 13580 of 2010 (V) (2010) 05 KL CK 0021
Bench: Single Bench
Acts Referenced

Judgement Snapshot

Case Number

Writ Petition (C) No. 13580 of 2010 (V)

Hon'ble Bench

C.T. Ravi Kumar, J

Advocates

V.A. Muhammed, for the Appellant; No Appearance, for the Respondent

Acts Referred
  • Kerala Education Rules, 1959 - Rule 75

Judgement Text

Translate:

C.T. Ravikumar, J.@mdashThe petitioner is working as Headmistress in St. Joseph''s High School, Chathedom. Based on Ext.P1 memo of charges, no enquiry as contemplated under Rule 75 of Chapter XIV-A of the Kerala Education Rules have been conducted, it is contended by the petitioner. At any rate, no enquiry with notice to him was conducted, it is further submitted. However, based on a report from the Deputy Director of Education, the 5th respondent has issued Ext.P3 memo dated 5.2.2010 to the petitioner proposing to revert the petitioner from the post of Headmistress.

2. The grievance of the petitioner, essentially, pertains to the proceedings pursuant to which a proposal has now, been made to revert the petitioner. As noticed herein before, the specific case of the petitioner is that no enquiry as contemplated under Rule 75 has been conducted, based on Ext.P1, with notice to him. Raising such contentions he has filed Ext.P4 revision dated 3.3.2010 before the Government with a prayer to set aside the enquiry report of the Deputy Director of Education, Kakkanad. Any further delay in the matter of disposal of the said revision petition would cause hardships and prejudice, it is submitted.

In view of the contentions raised by the petitioner as noticed above, this writ petitioner is disposed of, without making any observation as to the merits of the said contentions, with a direction to the first respondent to consider and pass orders on Ext.P4 revision petitioner with due notice to the petitioner and the 5th respondent, expeditiously, at any rate, within a period of six weeks.

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