High CourtsSingle Bench(2020) 11 KL CK 0159

Babu. K. Ittirah vs Ministry Of Human Resource Development And Ors

High Court Of Kerala · Decided on 26 November 2020

HON’BLE JUDGES
N. Nagaresh, J
RESULT
Disposed Of
CASE NUMBER
Writ Petition (Civil) No. 27406 Of 2017 (A)

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Judgment

17 paragraphs · 310 words
1.

Petitioner, who is a retired Teacher and Principal of Vocational Higher Secondary School, Irumbanam, was selected for Best Teacher National

Award, 2006. He was invited to New Delhi for receiving the Award. Though the petitioner reached New Delhi on the day preceding the grant of

Award, the petitioner was informed that a criminal case is pending against him and therefore the conferment of Award is being withheld for the time

being.

2.

The petitioner submits that in the criminal proceedings against him, the prosecution has been finally withdrawn by the Government. After conclusion

of disciplinary proceedings, the petitioner was reinstated in service also. Therefore, the deferred Award should be conferred on the petitioner,

contends the learned counsel for the petitioner.

3.

Learned Government Pleader, on instructions, submits that the criminal prosecution against the petitioner was subsequently withdrawn and the

petitioner was reinstated in service.

4.

A perusal of Ext.R1(c) would show that the Central Government had deferred the conferment of Award in view of the pendency of the criminal

proceedings. In Ext.R1(c), it is stated that the presentation of Award is being withheld till the State Government examines the case in detail and makes

recommendation. It has been further stated that in case he is exonerated, the Award can later be sent to him.

5.

In view of the subsequent developments in the case, it is now necessary that the 3rd respondent consider the fact of withdrawal of prosecution

against the petitioner and make a fresh recommendation to respondents 1 and 2 as contemplated in Ext.R1(c).

6.

Accordingly, the 3rd respondent is directed to consider the matter in the light of subsequent developments and send appropriate recommendations to

respondents 1 and 2. On receipt of recommendations of the 3rd respondent, respondents 1 and 2 shall take further steps as indicated in Ext.R1(c).

Writ petition is disposed of as above.