V MOHANAN Vs. DISTRICT EDUCATIONAL OFFICER AND ORS

JUDGEMENT

(1.) The Petitioner's grievance is against the continuance of the suspension which was ordered against him even after the criminal case ended in acquittal.

(2.) The Petitioner, while working as Headmaster of the school, was suspended from service with effect from 22.2.2005. The allegation was one of misappropriation of salary of teachers as well as unauthorised absence. Crime No. 72/2005 of Chakkarakal Police Station alleging offences under Sections 406, 408 and 420 I.P.C. was registered. According to the Petitioner, after the money from the treasury was encashed, he had to go to Sree Sathya Sai Institute of Higher Medical Science, Whitefield, Bangalore for a surgery. There was no one to entrust the cash also.

(3.) The case ended in acquittal as evident from Ext. P2 judgment. Thereafter, the Petitioner moved for withdrawal of the suspension order and this Court by Ext. P4 judgment directed the Asst. Educational Officer to consider the matter. The Asst. Educational Officer as per Ext. P5 order dated 18.10.2010 directed the Manager to take a decision within two weeks in terms of the judgment in the criminal case. To implement the said direction, the Petitioner again approached this Court by filing W.P.(C) No. 33916/2010. Therein, after hearing the Manager this Court issued directions in the matter. Finally, the Manager passed Ext. P8 order whereby he has decided not to cancel the suspension.