High Court of KeralaSingle JudgeDisposed of

Hariharan K. v. State of Kerala and Others

Case / Petition Number:WP(C).No.17659 of 2020 (F); WP(C).Nos.17659 & 29222 of 2020 (F)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • Devan Ramachandran
Judgment Date
2021-01-18
Court Decision / Holding
The court dismissed WP(C).No.17659/2020 and disposed of WP(C).No.29222/2020 directing the District Educational Officer (DEO) to hear the petitioner and the Manager under Ext.P19 and finalize the proceedings as per Rule 71 of Chapter XIVA of the KER. The DEO is to complete the enquiry, with due notice to both sides, within one month from 11.01.2021, as fixed by the Division Bench in WA No.1545/2020. The decision emphasizes that the DEO must act dispassionately and in accordance with KER, considering Ext.P11 along with other inputs, and that the continuation of suspension beyond 15 days may be justified by the Government's reasons in Ext.P25 yet must be properly reasoned and subject to a fair hearing.
Final Disposition
Disposed of

Parties to the Case

Appellants / Petitioners

  • Hariharan K.

Respondents

  • State of Kerala represented by Secretary to Government, General Education Department, Thiruvananthapuram
  • District Educational Officer, Malappuram
  • Assistant Educational Officer, Manjeri, Malappuram District
  • The Manager, A.U.P. School, Chembrasseri, Pandikkad, Malappuram District
  • Praveen Maranat, Representative of the Management, A.U.P. School, Chembrasseri, Pandikkad, Malappuram
  • Vidya.K., W/O Praveen Maranat, U.P.S.T., A.U.P. School, Chembrasseri, Pandikkad, Malappuram

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri. Biju Abraham
  • • Smt. Lilia John

Counsels for Respondents

  • • Sri. S. Krishnamoorthy
  • • Smt. Nithya Sugunan

Case Synopsis & Summary

The petitions concern Hariharan K., the Headmaster of A.U.P. School, Chembrasseri (suspended). A charge sheet was issued after suspension, and the initial 15-day suspension period was extended by the AEO. The DEO later set aside this extension in Ext.P16 and directed that the disciplinary enquiry proceed in accordance with due procedure. The Manager then pursued a revision before the Government, culminating in Ext.P25, which directed that the enquiry be completed and that the petitioner’s suspension continue, on the ground that the charges are grievous and require a full enquiry. The petitioner challenged Ext.P25 as lacking justification for continuing suspension beyond 15 days and contended that Ext.P19 (the DEO’s hearing notice) was biased since the DEO once ordered the initial enquiry. The Manager argued that WP17659 is no longer relevant since Ext.P11 (the enquiry report) was prepared and placed for concurrence under Rule 71, and that the petitions are not maintainable. The Court, while noting Balakrishnan M. v. State of Kerala’s principle about reasons for suspension extensions, held Ext.P25 has a rational basis and did not strike it down. The Court disposed of the petitions, directing the DEO to hear both sides under Ext.P19 and complete the enquiry within one month, in compliance with Rule 71 of Chapter XIVA of the KER, as expeditiously as possible.”

Provisions of Law Cited

Rule 67, Chapter XIVA, Kerala Education Rules (KER)Rule 71, Chapter XIVA, Kerala Education Rules (KER)Kerala Education ActKerala Education Rules (KER)

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner contends Ext.P19 is incompetent and biased since the very DEO who will conduct the enquiry also ordered its initiation as AEO. He argues that suspension cannot be extended beyond 15 days without recorded reasons; Ext.P12 extended the period and Ext.P16 affirmed it, both without proper justification. He relies on Balakrishnan M. v. State of Kerala (2016) to insist on reasons for extension. The petitioner seeks quashing Ext.P25 and Ext.P19 and prays for reinstatement or stay to safeguard due process and the school’s welfare, asserting Rule 67 and 71 of Chapter XIVA (KER) require transparent, reasoned action and dispassionate consideration by the DEO. He also faults the ongoing proceedings as prejudicial in the absence of impartial adjudication.

Contentions of Respondents

The respondents argue that WP17659/2020 has become irrelevant since the Manager has completed the enquiry and placed Ext.P11 for concurrence under Rule 71, and that the petitioners’ challenge to Ext.P25 is misplaced as the Government decision records reasons for continuation of suspension given the grievous charges. They submit that the earlier interim order was vacated and rely on WA 1545/2020 to complete the process in a time-bound manner. They contend the DEO must hear both sides and decide on concurrence without interference, and that the petitions should be dismissed as non-maintainable in view of ongoing disciplinary proceedings and the separation of functions under KER.”},

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Balakrishnan M. v. State of Kerala and Others2016 (5) KHC 693Mentioned OnlyCited to illustrate the principle that suspension extensions require recorded reasons, but the court did not strike Ext.P25 on this basis and proceeded with its own reasoning.
WA No.1545/2020WA 1545/2020Mentioned OnlyReferenced as the Division Bench’s directive to complete the enquiry within one month, guiding the time-frame for the current matter.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942** ## **WP(C).No.17659 OF 2020(F)** ## **PETITIONER:** **HARIHARAN K., AGED 50 YEARS** **S/O. BALAKRISHNAN NAIR, HARISREE, CHEMBRASSERI P.O. PANDIKKAD, MALAPPURAM DISTRICT 676 521, HEADMASTER (UNDER SUSPENSION), A.U.P. SCHOOL, CHEMBRASSERI P.O. CHEMBRASSERI 676 5216.** **BY ADVS. SRI.BIJU ABRAHAM SMT.LILIA JOHN** ## **RESPONDENTS:** - **1 STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, THIRUVANANTHAPURAM 695 001.** - **2 DISTRICT EDUCATIONAL OFFCIER, MALAPPURAM, MALAPPURAM P.O. 676 505.** - **3 ASSISTANT EDUCATIONAL OFFICER, MANJERI MALAPPURAM DISTRICT 676121.** - **4 THE MANAGER, A.U.P. SCHOOL, CHEMBRASSERI P.O. CHEMBRASSERI, PANDIKKAD, MALAPPURAM DISTRICT 676 521.** - **5 PRAVEEN MARANAT, REPRESENTATIVE OF THE MANAGEMENT) A.U.P. SCHOOL CHEMBARASSERY, CHEMBARASSERI P.O. PANDIKKAD, MALAPPURAM 676 521.** - **6 VIDYA.K., AGED 40 YEARS W/O.PRAVEEN MARANAT, U.P.S.T.,** - **A.U.P. SCHOOL CHEMBARASSERY, CHEMBARASSERI P.O. PANDIKKAD, MALAPPURAM 676 521.** **WP(C).Nos.17659 & 29222 OF 2020(F)** **2** **BY ADV. SRI.S.KRISHNAMOORTHY BY ADV. SMT.NITHYA SUGUNAN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.01.2021, ALONG WITH WP(C).29222/2020, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.17659 & 29222 OF 2020(F)** **3** ## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** **THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN** **MONDAY, THE 18TH DAY OF JANUARY 2021 / 28TH POUSHA, 1942** ## **WP(C).No.29222 OF 2020(C)** ## **PETITIONER:** **HARIHARAN. K AGED 50 YEARS S/O.BALAKRISHNAN NAIR, HARISREE, CHEMBRASSERI P.O., PANDIKKAD, MALAPPURAM DISTRICT 676 521 HEADMASTER (UNDER SUSPENSION) A.U.P. SCHOOL, CHEMBRASSERI P.O., CHEMBRASSERI 676 521** **BY ADVS. SRI.BIJU ABRAHAM SMT.LILIA JOHN** ## **RESPONDENTS:** **1 DISTRICT EDUCATIONAL OFFICER, MALAPPURAM, MALAPPURAM P.O., 676 505 2 ASSISTANT EDUCATIONAL OFFICER MANJERI, MALAPPURAM DISTRICT 676 121 3 THE MANAGER A.U.P.SCHOOL, CHEMBRASSERI P.O., CHEMBRASSERI, PANDIKKAD, MALAPPURAM DISTRICT 676 521** **BY ADV. SRI.S.KRISHNAMOORTHY BY ADV. SMT.NITHYA SUGUNAN** ## **OTHER PRESENT:** **SRI. P.M.MANOJ - SR.GP** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 18.01.2021, ALONG WITH WP(C).17659/2020 THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **WP(C).Nos.17659 & 29222 OF 2020(F)** **4** ## **J U D G M E N T** While the petitioner was working as the Headmaster of the A.U.P.School, Chembrasseri, he was placed under suspension. Subsequently, a charge sheet was issued to the petitioner by the Manager of the said School; and in the meanwhile, the initial period of suspension of 15 days, ordered by the Manager, was extended by the jurisdictional Assistant Educational Officer (AEO), through an order dated 02.09.2019, a copy of which is on record as Ext.P12 in W.P.(C)No.17659/2020. The petitioner approached the District Educational Officer (DEO) against this order, which culminated in Ext.P16, produced along with W.P. (C)No.17659/2020, setting it aside and directing that the petitioner be proceeded against for dereliction of duty or violation of the provisions of the Kerala Educational Act and Rules (Act and KER respectively for short) only after following due procedure. 2. It appears that the afore mentioned order of the DEO was challenged by the Manager, by preferring a statutory Revision before the Government, finally culminating in Ext.P25 **WP(C).Nos.17659 & 29222 OF 2020(F)** **5** order marked in W.P.(C)No.17659/2020, whereby, the directions of the DEO were vacated and the enquiry against the petitioner was directed to be completed within one month. 3. The petitioner challenges this order of the Government on various grounds , but primarily that it does not disclose any valid reason as to why he has been continued under suspension beyond 15 days, as is required under the provisions of Rule 67 of Chapter XIVA of the KER. 4. While so, since the petitioner was not able to obtain any interdictory orders in W.P.(C)Nos.17659/2020, the Manager continued with the enquiry proceedings, leading to Ext.P11 report in W.P.(C)No.29222/2020 and placed it for concurrence, before the DEO, as is required under the provisions of Rule 71 of Chapter XIVA of the KER, since he has proposed the reversion of the petitioner to lower rank as punishment. 5. The petitioner thus challenges Ext.P19 notice in W.P. (C)No.29222/2020, issued by the DEO, Malappuram, under which he has been notified of a hearing scheduled on **WP(C).Nos.17659 & 29222 OF 2020(F)** **6** 29.12.2020. The petitioner says that Ext.P19 is incompetent, since the DEO, who is now going to conduct the enquiry, was the same person, while he was an AEO, who ordered initiation of the enquiry against him, and therefore, that any decision that he may take will be vitiated by technical and actual bias. The petitioner, therefore, prays that the entire proceedings against him, as also the impugned orders in these writ petitions be set aside. 6. In response to the submissions of Sri.Biju Abraham, learned counsel for the petitioner as afore, Sri.Krishnamoorthy, the learned counsel for the Manager, submitted that W.P. (C)No.17659/2020 is no longer relevant because his client has completed the enquiry under Rule 75 Chapter XIVA of the KER and has placed his report before the DEO, under Rule 71 Chapter XIVA of the KER, for concurrence. He submitted that since the petitioner has not sought to challenge the disciplinary report of the Manager, namely Ext.P11 in W.P. (C)No.29222/2020, but has confined his challenge only to Ext.P19 notice issued to him by the DEO, both these writ **WP(C).Nos.17659 & 29222 OF 2020(F)** **7** petitions are not maintainable. 7. After saying as above, Sri.Krishnamoorthy submitted that, in fact, on an earlier occasion, a learned Judge of this Court had issued an interim order in W.P.(C)No.17659/2020 to reinstate the petitioner, but that the same was vacated by a Division Bench of this Court in W.A.No.1545/2020, wherein, the Manager was directed to complete the enquiry proceedings within a period of one month from the date of the said judgment. He submitted that, thereafter, the petitioner filed Review Petition No.944/2020 against the said judgment, wherein, reiteratingly, the learned Division Bench concluded that the proceedings before the DEO cannot be interfered at this stage and that the said Authority must be allowed to complete it as per law. Sri.Krishnamoorthy therefore, prayed that both these writ petitions be dismissed and the DEO be allowed to complete the proceedings, as initiated by him through Ext.P19 notice in W.P.(C)No.29222/2020. 8. When I consider the afore submissions, it is without **WP(C).Nos.17659 & 29222 OF 2020(F)** **8** doubt that W.P.(C)No.17659/2020 has been filed by the petitioner impugning Ext.P25 therein, which grants sanction for the continuation of the petitioner's suspension beyond 15 days; with a resultant direction therein that the enquiry proceedings against him be concluded within a time frame. The petitioner's specific contention is that the earlier order of the AEO, namely Ext.P12 therein, allowing the extension of the suspension is without recording any reason which would justify it and that the DEO, through Ext.P16 order, has confirmed the same, again without recording any justifiable cause. The petitioner asserts that Ext.P25 order of the Government is also vitiated for the same reason, because it also does not record the reason why such an extension of suspension is warranted. The petitioner in support, relies on a judgment of this Court in **Balakrishnan M. v. State of Kerala and Others [2016 (5) KHC 693],** which has affirmatively declared that no suspension can be extended beyond the period of 15 days unless reasons are recorded and unless the said reasons justify such a course. 9. I have, therefore, examined Ext.P25 order in W.P. (C)No.17659/2020 very carefully. **WP(C).Nos.17659 & 29222 OF 2020(F)** **9** 10. The view of the Government is available in the penultimate page of the said order, wherein, it has been recorded that the allegations against the petitioner are grievous, which will require a full fledged enquiry. The charge sheets issued to the petitioner have been looked into in some detail in the said order and the competent Secretary of the Government has concluded that such charges require a proper enquiry, before it can be held to be proved or otherwise. 11. Since the Government has taken a view that the charges leveled against the petitioner are grievous and that an enquiry is necessary, it is obvious that the same operate as the reasons why the suspension of the petitioner should continue, particularly because it is also stated therein that the continuation of the petitioner as Headmaster of the School, when he is being enquired into, would not auger well for the institution and therefore, that it is better that he be kept away from service during such process. 12. I cannot find the reasoning in Ext.P25 to be without rationale and I therefore, cannot see any reason why the same should be set aside at this stage. **WP(C).Nos.17659 & 29222 OF 2020(F)** **10** 13. That said, the challenge to Ext.P25 in W.P. (C)No.17659/2020 is unnecessary at this distance of time because, pending the said writ petition, the Manager was allowed to continue with the enquiry proceedings, thus culminating in Ext.P11 enquiry report, produced in W.P. (C)No.29222/2020. This enquiry report will now have to be given concurrence to by the competent Authority and unless such an order is issued, there would be no prejudice caused to the petitioner. 14. Of course, Sri.Biju Abraham, learned counsel for the petitioner, argues that the present DEO will not be in a position to dispassionately deal with the Manager's request for concurrence of his enquiry report, because he had earlier issued Exts. P3 & P4 order, produced in W.P.(C)No.17659/2020 against his client. The allegation made, therefore, is that the DEO will act with prejudice and that the petitioner will not be in a position to obtain justice from him. **WP(C).Nos.17659 & 29222 OF 2020(F)** **11** 15. However, when I examine Exts.P3 and P4 in W.P. (C)No.17659/2020, it is evident that the incumbent AEO has not issued or made any detrimental orders or remarks against the petitioner, but has only requested or directed him to act responsibly as a Headmaster of the School, particularly taking note of the fact that several teachers and non teaching staff had made complaints against him. This by itself cannot persuade me to hold that the said officer will only act against the interests of the petitioner, even though Sri.Biju Abraham explains that it is based on these orders that 37 Teachers had filed a subsequent complaint seeking enquiry against his client. The tenor of Exts.P3 and P4 in W.P.(C)No.17659/2020 is, in fact, conciliatory in nature and the attempt of the AEO at that time was to make the situation in the school less tense, so that the Teachers and the Headmaster can co-exist and work together as a team. 16. I am therefore, of the firm opinion that merely because the then AEO - who is the present DEO - had issued Exts.P3 and P4 in W.P.(C)No.17659/2020, he would not consider the relevant factors and inputs, including the Manager's report, namely Ext.P11 in W.P.(C)No.29222/2020, in the manner that it **WP(C).Nos.17659 & 29222 OF 2020(F)** **12** deserves to be dealt with as per the provisions of the KER. 17. The above being said, the DEO must implicitly, keep in mind that what is expected of him under the provisions of the KER is that he dispassionately examine the report of the Manager, in the light of all the other imputs that are available, and decide whether concurrence for the proposed punishment ought to be granted. The responsibility on the DEO is very acme as far as the KER is concerned, because if the Manager's actions are not in conformity with the extant provisions of law, then it is for the said officer to ensure that it is set right at this stage itself. 18. In that perspective, I am certain that the DEO must hear the parties and arrive at a considered opinion - after closely examining Ext.P11 enquiry report produced along with W.P. (C)No.29222/2020 - as to whether the punishment as proposed therein, should be concurred with or otherwise. I am sure if the DEO takes a decision dispassionately and prudently, keeping in mind the spirit and purpose of the statutory provisions that **WP(C).Nos.17659 & 29222 OF 2020(F)** **13** enable such an exercise under the KER, then the petitioner will have no cause in feeling threatened. In the afore circumstances, I dismiss W.P.(C)No.17659/2020 and dispose of W.P.(C)No.29222/2020, directing the DEO to hear the petitioner, as also the Manager of the School, pursuant to Ext.P19 notice in W.P.(C)No.29222/2020, on a fresh date to be fixed by him, after appropriately notifying both sides; and to complete the proceedings, keeping in mind my observations above with respect to his responsibilities and duties as a concurring officer under Rule 71 of Chapter XIVA of the KER. The afore exercise shall be completed by the DEO as expeditiously as possible but within the time frame fixed by the Divison Bench in I.A.No.3/2020 in W.A.No.1545/2020, namely within one month from 11.01.2021. These writ petitions are thus disposed of. ## **SD/-** ## **DEVAN RAMACHANDRAN** rp ## **JUDGE** **WP(C).Nos.17659 & 29222 OF 2020(F)** **14** ## **APPENDIX OF WP(C) 17659/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE NOTICE CIRCULATE BY THE MEMO DATED 02.08.2018.** **EXHIBIT P2 A TRUE COPY OF THE NOTICE DATED 19.11.2018 ISSUED BY THE PETITIONER TO THE TEACHERS.** **EXHIBIT P3 A TRUE COPY OF THE ORDER DATED 30.03.2019 OF THE 3RD RESPONDENT.** **EXHIBIT P4 A TRUE COPY OF THE ORDER DATED 30.05.2019 OF THE 3RD RESPONDENT.** **EXHIBIT P5 A TRUE COPY OF THE REPORT OF THE PETITIONER DATED 14.06.2019 OF THE ACADEMIC YEAR 2019-20.** **EXHIBIT P6 A TRUE COPY OF THE STAFF FIXATION ORDER DATED 16.07.2019 OF THE 3RD RESPONDENT. EXHIBIT P7 A TRUE COPY OF THE ORDER OF SUSPENSION DATED 21.08.2019 OF THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P8 A TRUE COPY OF THE ALLEGATION OF CHARGE SHEET DATED 21.08.2019 GIVEN BY THE 4TH RESPONDENT TO THE PETITIONER. EXHIBIT P9 A TRUE COPY OF THE CHARGE MEMO ISSUED BY THE 4TH RESPONDENT DATED 21.08.2019 TO THE PETITIONER. EXHIBIT P10 A TRUE COPY OF THE COMPLAINT ALLEGED TO HAVE BEEN GIVEN BY 31 TEACHERS TO THE 4TH RESPONDENT NIL DATED. EXHIBIT P11 A TRUE COPY OF THE EXPLANATION GIVEN BY THE PETITIONER TO THE 4TH AND 3RD RESPONDENTS. EXHIBIT P12 A TRUE COPY OF THE ORDER DATED 02.09.2019 OF THE 3RD RESPONDENT. EXHIBIT P13 A TRUE COPY OF THE ORDER DATED 03.09.2019 OF THE 4TH RESPONDENT. EXHIBIT P14 A TRUE COPY OF THE APPEAL FILED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. EXHIBIT P15 A TRUE COPY OF THE JUDGMENT DATED 01.10.2019 IN WPC NO. 24815/2019.** **WP(C).Nos.17659 & 29222 OF 2020(F)** **15** |**EXHIBIT P16**|**A TRUE COPY OF THE ORDER DATED 04.11.2019 OF THE**| |---|---| ||**2ND RESPONDENT.**| |**EXHIBIT P17**|**A TRUE COPY OF THE REQUEST SUBMITTED BY THE**| ||**PETITIONER TO THE 3RD RESPONDENT.**| |**EXHIBIT P18**|**A TRUE COPY OF THE JUDGMENT IN WPC NO. 30424/2019**| ||**DATED 12.11.2019.**| |**EXHIBIT P19**|**A TRUE COPY OF THE COMMUNICATION SEND BY THE**| ||**PETITIONER TO THE 1ST RESPONDENT DATED**| ||**23.11.2019.**| |**EXHIBIT P20**|**A TRUE COPY OF THE REVISION FIELD BY THE 4TH**| ||**RESPONDENT DATED 07.11.2019 BEFORE THE**| ||**EDUCATIONAL MINISTER OF KERALA STATE.**| |**EXHIBIT P21**|**A TRUE COPY OF THE ORDER OF STAY GRANTED BY THE**| ||**1ST RESPONDENT IN THE REVISION FIELD BY THE 4TH**| ||**RESPONDENT DATED 27.11.2019.**| |**EXHIBIT P22**|**A TRUE COPY OF THE WITHDRAWAL OF STAY ORDER DATED**| ||**18.12.2019 ISSUED BY THE 1ST RESPONDENT.**| |**EXHIBIT P23**|**A TRUE COPY OF THE ARGUMENT NOTE SUBMITTED BY THE**| ||**PETITIONER BEFORE THE 1ST RESPONDENT ON**| ||**04.01.2020.**| |**EXHIBIT P24**|**A TRUE COPY OF THE GUIDELINES ISSUED BY THE 1ST**| ||**RESPONDENT AS PER CIRCULAR DATED 28.06.19.**| |**EXHIBIT P25**|**A TRUE COPY OF THE GOVERNMENT ORDER DATED**| ||**25.06.2020 RECEIVED BY THE PETITIONER ON**| ||**19.08.2020.**| |**EXHIBIT P26**|**A TRUE COPY OF THE INTIMATION GIVEN BY THE 3RD**| ||**RESPONDENT TO THE PETITIONER.**| |**EXHIBIT P27**|**A TRUE COPY OF THE LAWYERS NOTICE SEND ON BEHALF**| ||**OF THE PETITIONER TO THE 3RD RESPONDENT DATED 27-**| ||**08-2020.**| |**EXHIBIT P28**|**A TRUE COPY OF THE LETTER GIVEN BY TEACHER K.P.**| ||**GIRIJA DATED 02/03/2019.**| |**EXHIBIT P29**|**A TRUE COPY OF THE LETTER GIVEN BY TEACHER MANJO**| ||**P TO THE PETITIONER DATED 02/03/2019.**| |**EXHIBIT P30**|**A TRUE COPY OF THE REPORT GIVEN BY THE 3RD**| ||**RESPONDENT DATED 22/09/2020 WITH COVERING LETTER.**| **WP(C).Nos.17659 & 29222 OF 2020(F)** **16** **EXHIBIT P31 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 29/09/2020 OF THE 4TH RESPONDENT.** **EXHIBIT P32 A TRUE COPY OF THE COMMUNICATION DATED 02/12/2020 OF THE MANAGER.** **EXHIBIT P33 A TRUE COPY OF THE JUDGMENT IN WA NO.1545/2020 OF THIS HON'BLE COURT DATED 01/11/2020.** **RESPONDENT'S/S EXHIBITS:** **EXHIBIT R4(A) TRUE COPY OF THE SHOW CAUSE NOTICE DATED 30/11/2018 ISSUED BY THE 4TH RESPONDENT. EXHIBIT R4(B) TRUE COPY OF THE COMPLAINT DATED 03/01/2019 GIVEN BY 37 TEACHERS.** **EXHIBIT R4(C) TRUE COPY OF THE CHARGE SHEET ALONG WITH ALLEGATION OF CHARGES DATED 22/02/2019. EXHIBIT R4(D) TRUE COPY OF THE CHARGE SHEET ALONG WITH ALLEGATION OF CHARGES DATED 18/03/2019. EXHIBIT R4(E) TRUE COPY OF THE COMPLAINT DATED 15/08/2019 GIVEN BY THE TEACHERS. EXHIBIT R4(F) TRUE COPY OF THE CHARGE SHEET ALONG WITH STAEMENT OF ALLEGATION DATED 21/08/2019. EXHIBIT R4(G) TRUE COPY OF THE ORDER OF THE 3RD RESPONDENT DATED 02/09/2019. EXHIBIT R4(H) TRUE COPY OF THE JUDGMENT DATED 12/12/2019 IN WPC NO.33977/2019. EXHIBIT R4(I) TRUE COPY OF THE INTERIM ORDER DATED 29/01/2020 IN WPC NO.2480/2020. EXHIBIT R4(J) TRUE COPY OF THE REPORT OF THE 3RD RESPONDENT DATED 22/09/2020. EXHIBIT R4(K) TRUE COPY OF THE SHOW CAUSE NOTICE DATED 29/0992020 ISSUED BY THE 5TH RESPONDENT.** **WP(C).Nos.17659 & 29222 OF 2020(F)** **17** ## **APPENDIX IN WPC 29222/2020** ## **PETITIONER'S/S EXHIBITS:** **EXHIBIT P1 A TRUE COPY OF THE NOTICE DATED 19.11.2018 ISSUED BY THE PETITIONERS TO THE TEACHERS** **EXHIBIT P2 A TRUE COPY OF THE ORDER OF SUSPENSION DATED 21.8.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P3 A TRUE COPY OF THE ALLEGATION OF CHARGE SHEET DATED 21.8.2019 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER EXHIBIT P4 A TRUE COPY OF THE CHARGE MEMO ISSUED BY THE 3RD RESPONDENT DATED 21.8.2019 TO THE PETITIONER EXHIBIT P5 A TRUE COPY OF THE ORDER DATED 4.11.2019 OF THE 1ST RESPONDENT EXHIBIT P6 A TRUE COPY OF THE ORDER OF STAY GRANTED BY THE SECRETARY TO GOVERNMENT IN THE REVISION FILED BY THE 3RD RESPONDENT DATED 27.11.2019 EXHIBIT P7 A TRUE COPY OF THE WITHDRAWAL OF STAY ORDER DATED 18.12.2019 ISSUED BY THE SECRETARY TO GOVERNMENT EXHIBIT P8 A TRUE COPY OF THE ORDER DATED 29.1.2020 OF THIS HON'BLE COURT IN W.P.(C) NO.2480/2020 EXHIBIT P9 A TRUE COPY OF THE ORDER DATED 25.6.2020 RECEIVED BY THE PETITIONER ON 19.8.2020 EXHIBIT P10 A TRUE COPY OF THE ORDER DATED 25.9.2020 IN W.P. (C) NO.17659/2020 OF THIS HON'BLE COURT EXHIBIT P11 A TRUE COPY OF THE ENQUIRY REPORT SUBMITTED BY THE 2ND RESPONDENT DATED 22.9.2020 EXHIBIT P12 A TRUE COPY OF THE SHOW CAUSE NOTICE DATED 29.9.2020 BY THE MANAGER TO THE PETITIONER EXHIBIT P13 A TRUE COPY OF THE COMMUNICATION OF THE 3RD RESPONDENT TO THE PETITIONER DATED 7.10.2020 EXHIBIT P14 A TRUE COPY OF THE ORDER DATED 20.11.2020 OF THE LEARNED SINGLE JUDGE IN W.P.(C). 17659/2020** **WP(C).Nos.17659 & 29222 OF 2020(F)** **18** |**EXHIBIT P15**|**A TRUE COPY OF THE JUDGMENT IN WA. NO.1545/2020**| |---|---| ||**OF THIS HON'BLE COURT DATED 1.12.2020**| |**EXHIBIT P16**|**A TRUE COPY OF THE SHOW CAUSE NOTICE 2.12.2020 OF**| ||**THE 3RD RESPONDENT TO THE PETITIONER**| |**EXHIBIT P17**|**A TRUE COPY OF THE REPLY SUBMITTED BY THE**| ||**PETTIONER 16.12.2020**| |**EXHIBIT P18**|**A TRUE COPY OF THE CORRECTION PETITON FILED BY**| ||**THE 3RD RESPONDENT BEFORE THIS HON'BLE COURT IN**| ||**WA.NO.1545/2020 DATED 21.12.2020**| |**EXHIBIT P19**|**A TRUE COPY OF THE HEARING NOTICE DATED**| ||**22.12.2020 OF THE FIRST RESPONDENT TO THE**| ||**PETITIONER**| |**EXHIBIT P20**|**A TRUE COPY OF THE NOTICE DATED 30.12.2020 GIVEN**| ||**BY THE 1ST RESPONDENT TO THE PETITIONER**|