ABDUL JABBAR Vs. DIRECTOR OF PUBLIC INSTRUCTION

JUDGEMENT

(1.) THE question involved in this Writ Petition is whether a teacher working in an aided school can be placed under suspension by the educational officer invoking S. 12A(2) of the Kerala Education Act on the ground that investigation of a criminal case against him is going on.

(2.) THE petitioner is working as Junior Hindi Teacher (FT) in Mangad A.U.P.School in Kozhikode District. THE petitioner was placed under suspension as per Ext.P1 order dated 16.4.2008 on the ground that investigation in Crime No. 102 of 2008 of Balussery Police Station registered against him was in progress. Ext.P1 order shows that the crime was registered on a petition filed by the wife of the petitioner alleging that she was harassed and assaulted, both mentally and physically, by the petitioner demanding more money and gold ornaments. THE information regarding the crime and continuation of the investigation was furnished by the Sub Inspector of Police, Balussery to the Deputy Director of Education, Kozhikode, as per letter dated 13.2.2008.Ext.Pl also shows that the Deputy Director of Education, Kozhikode, as per letter dated 31.3.2008 addressed to the Assistant Educational Officer, directed the latter to place the petitioner under suspension invoking the power under S. 12A of the Kerala Education Act and to refer the matter to the Manager for further action. On receipt of the letter from the Deputy Director of Education, the Assistant Educational Officer passed Ext.P1 order dated 16.4.2008 placing the petitioner under suspension. Ext.P1 is under challenge in this Writ Petition.

(3.) SECTION 12A of the Kerala Education Act and sub-rr. (1) and (2) of R.67 of Chapter XIVA of the Kerala Education Rules are relevant for the purpose of considering the contentions raised by the parties. These provisions are extracted below: