IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT:

THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN MONDAY, THE 5TH DAY OF MARCH 2018 / 14TH PHALGUNA, 1939 WP(C).No. 27729 of 2016 PETITIONER:

U. MOHNAN, S/O. APPUTTY, PRESIDENT, PARENT TEACHER ASSOCIATION, MADHAVANANDA VILASAM HIGHER SECONDARY SCHOOL, (MV HSS) ARIYALLOOR, MALAPPURAM DISTRICT.

BY ADV.SRI.P.C.SASIDHARAN RESPONDENTS:

1. STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM-695 001.

2. THE DISTRICT EDUCATIONAL OFFICER, THIRURANGADI, MALAPPURAM DISTRICT, PIN-676 001.

3. THE DEPUTY DIRECTOR OF EDUCATION, MALAPPURAM DISTRICT, PIN-676 001.

4. THE MANAGER,, MADHAVANADA VILASAM HIGHER SECONDARY SCHOOL, (MV HSS) ARIYALLOOR, MALAPPURAM DISTRICT, PIN-676 001.

5. LAL R.

S/O.RAMACHANDRAN PILLAI, HAS, (NATURAL SCIENCES)

M.V.HIGHER SECONDARY SCHOOL, ARIYALLOOR, MALAPPURAM DISTRICT,PIN-676 001.

R1-R3 BY GOVERNMENT PLEADER SMT.RENJITHA R4 BY ADVS. SRI.K.P.SUDHEER SRI.ARUN MATHEW VADAKKAN R5 BY ADVS. SRI.P.VIJAYA BHANU (SR.)

SRI.AJEESH K.SASI SMT.POOJA PANKAJ THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08.02.2018, THE COURT ON 05.03.2018 DELIVERED THE FOLLOWING:

EL WP(C).No. 27729 of 2016 (M)

APPENDIX PETITIONER(S)' EXHIBITS EXHIBIT P1. TRUE COPY OF THE FIRST INFORMATION REPORT WITH THE FIRST INFORMATION STATEMENT EXHIBIT P2. TRUE COPY OF THE SUSPENSION ORDER EXHIBIT P3. TRUE COPY OF THE JUDGMENT IN WPC NO.32017/2015 EXHIBIT P4. TRUE COPY OF THE ORDER DATED 27/6/2016.

RESPONDENT(S)' EXHIBITS EXHIBIT R3(A) TRUE COPY OF THE PROCEEDINGS DATED 19.12.2015 EXHIBIT R3(B) TRUE COPY OF THE PROCEEDINGS OF THE 3RD RESPONDENT DATED

2.3.2016 EXHIBIT R5(A) TRUE COPY OF THE COMPLAINT DATED 28.5.2015 ADDRESSED TO THE

2ND RESPONDENT EXHIBIT R5(B) TRUE COPY OF THE ORDER DATED 29.6.2015 IN BA. NO.3626/2015 EXHIBIT R5(C) TRUE COPY OF THE PROCEEDINGS OF THE MANAGER DATED 26.8.2016 EXHIBIT R5(D) TRUE COPY OF THE QUESTIONA DN THE INFORMATION ALONG WITH THE MINUTES OF THE PTA MEETING EXHIBIT R5(E) TRUE COPY OF THE COMPLAINT DATED 28.5.2015 EXHIBIT R5(F) TRUE COPY OF THE ORDER DATED 8.7.2015 ISSUED BY THE 5TH RESPONDENT EXHIBIT R5(G) TRUE COPY OF THE ORDER DATED 19.12.2015 ISSUED BY THE 4TH RESPONDENT EXHIBIT R5(H) TRUE COPY OF THE ORDER DATED 2.3.2016 ISSUED BY THE 4TH RESPONDENT EXHIBIT R5(I) TRUE COPY OF THE APPEAL MEMORANDUM DATED 13.5.2016 FILED BEFORE THE 3RD RESPONDENT TRUE COPY P.S. TO JUDGE EL

6.3.2018 ANU SIVARAMAN, J.

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W.P(C).No. 27729 of 2016 -----------------------------------------------

Dated this the 5^th day of March, 2018

JUDGMENT

The petitioner, who is the President of the Parent-Teacher Association of the 4^th respondent's school, challenges the orders issued by the 3^rd respondent directing reinstatement of the 5^th respondent in service. It is stated that the 5^th respondent had been placed under suspension with effect from 24.6.2015, since a criminal case had been charged against him. He had approached this Court filing W.P(C).No.32017 of 2015 and by judgment dated 1.4.2016, this Court had closed the writ petition permitting the 5^th respondent to avail of the appellate remedy available to him under Rule 79 of Chapter XIV-A KER. It is stated that the 3^rd respondent has now issued Exhibit P4 order directing the reinstatement of the 5^th respondent on the sole ground that the suspension had continued for a long period.

2. It is submitted by learned counsel for the petitioner that the 5^th respondent had been placed under suspension on the initiation of a criminal investigation against him for the WP(C).27729/16 2 commission of the offence of rape and that the reinstatement ordered without even considering the gravity of the offence is per se illegal and unsustainable.

3. A counter affidavit has been filed by the 5^th respondent contending that the petitioner has absolutely no locus standi to maintain the writ petition, since the Manager had not approached this Court against the order of reinstatement.