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2016 Supreme(Ker) 601

P.N.RAVINDRAN, DAMA SESHADRI NAIDU
RASHIDA. K – Appellant
Versus
STATE OF KERALA REPRESENTED BY THE SECRETARY, GENERAL EDUCATION DEPARTMENT (J), SECRETARIAT, THIRUVANANTHAPURAM – Respondent


Advocates:
Advocate Appeared:
For the Appellant : SMT.K.DEEPA (PAYYANUR)
For the Respondent: SRI.P.K.SURESH KUMAR (SR.), SMT.C.K.SHERIN, GOVERNMENT PLEADER, SMT.NISHA BOSE

JUDGMENT :

The petitioner was appointed as an LPSA in Keezpayur West L.P. School, with effect from 01.06.2016, by Ext.P1 appointment order. It is not in dispute that the said appointment has not been approved till date. While so, by Ext.P2 show cause notice dated 30.07.2016, the 5th respondent Manager, who appointed the petitioner, asked the petitioner to show cause as to why disciplinary action should not be initiated against her in connection with certain complaints received from parents of the school children, with regard to a misconduct committed by the petitioner. Apart from stating that, on a preliminary enquiry conducted by the Manager, he was convinced that there was some substance in the complaints received in relation to the petitioner, there were no details forthcoming in Ext.P2 show cause notice, which gave the petitioner an indication of the specific acts or omissions that constituted the misconduct, that was alleged in Ext.P2 show cause notice. The petitioner accordingly submitted Ext.P3 reply dated 03.08.2016, specifically pointing out that the show cause notice, through the absence of details and materials, as regards the acts or omissions that constituted the miscon






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