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2012 Supreme(Ker) 252

S.SIRI JAGAN
Manager, Seetharam Upper Primary School, Palakkad District – Appellant
Versus
State of Kerala, Represented by Secretary To Government General Education (E) Department – Respondent


Advocates Appeared:
For the Petitioner:Mr. K. Mohanakannan, Mrs. A.R. Pravitha, Advocates.
For the Respondents:Mr. K. Sajan Vargheese, M.P. Mr. Liju. Mr. V.G. Arun, Mr. T.R. Harikumar, Advocates.

Judgment :

1. The petitioner is the manager of an aided school by name Seetharam Upper Primary School, Kunissery P.O., Palakkad District. The 3rd respondent is a Hindi Teacher of that school. She was suspended from service on certain allegations. Subsequently Ext.P1 memo of charges was issued to the 3rd respondent by the Manager. Since the 2nd respondent -Assistant Educational Officer, Alathur to whom the manager forwarded the memo of charges and connected papers for conducting an enquiry under Chapter XIV A of the Kerala Education Rules, did not conduct enquiry pursuant thereto, the Manger approached this Court by filing O.P.No.10756/2002, in which by Ext.P1 (a) judgment dated 9.10.2003, this Court recorded the submission of the learned Government Pleader that the Assistant Educational Officer will take appropriate action to see that the enquiry is carried out in respect of the charge sheet and will also ensure that the said proceedings are completed within a period of four months from the date of receipt of a copy of that judgment. Subsequently, the manager filed Ext.P2 styling it as Notes of Arguments citing 19 witnesses and 21 documents to be examined in the enquiry. The Assista



























































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