LAWS(KER)-2020-12-480

NOBLE JOSE Vs. STATE OF KERALA AND ORS.

Decided On December 01, 2020
Noble Jose Appellant
V/S
STATE OF KERALA And ORS. Respondents

JUDGEMENT

(1.) Proferred for a jural answer in this writ petition is if the Manager of an Aided School, established and run within the purlieus of the Kerala Education Rules (KER), is entitled to reinstate a teacher, earlier - placed under suspension by him and which action was statutorily approved by the competent Educational Officer - without the permission of the said Officer/Authority.

(2.) The genesis of the afore issue in it is that the petitioner, who is a Higher Secondary School Teacher (HSST) in Chemistry in the SHHSS Dwarak, Mananthavady, was placed under suspension by its Manager on 13.12.2018 for a period of fifteen days, vide Exhibit P1 proceedings and an enquiry was ordered against him because of an unfortunate event in the school, where a student committed suicide, leaving a note in which the petitioner was also named.

(3.) The order of suspension was ratified and sanctioned to be extended beyond fifteen days, as per the mandate of the proviso to Rule 67(7) Chapter XIVA of the KER, through Exhibit P2 dated 24.12.2018.