ZAMORINS HIGHER SECONDARY SCHOOL Vs. DISTRICT EDUCATIONAL OFFICER

JUDGEMENT

(1.) By an order under Rule 67(8) of the Kerala Education Rules 1959, the 1st respondent directed the appellant to reinstate a teacher, after canceling an order of suspension. Though the appellant challenged the said order in the writ petition, the learned Single Judge dismissed the same against which this appeal is preferred.

(2.) Ext.P6 order issued by the 1 st respondent was impugned in the writ petition. By Ext.P4, the appellant had placed the 3 rd respondent- teacher under suspension on 13-02-2020 due to the registration of a crime. The 1st respondent cancelled the order of suspension by the order impugned in the writ petition. Finding that the suspension was imposed by Ext.P4 without considering any of the factual situations and without a preliminary enquiry, the 1st respondent, observed in Ext.P6 that, the alleged assault was not proved and that the frequent initiation of disciplinary proceedings against the 3 rd respondent without adhering to the Kerala Education Rules was also adversely affecting the smooth academic atmosphere of the school apart from creating headache to the department. On the above reasoning, the order suspending the 3rd respondent was cancelled.

(3.) The primary contention raised by the appellant was that the Manager can place a teacher under suspension at any time, as per rule 67(1)(b) of Chapter XIVA of the Kerala Education Rules, 1959 (for short 'KER') and that when a criminal case is registered against the teacher, the manager has the authority and discretion to suspend the teacher and further that when such an order of suspension is issued, the same could not have been interfered with by the 1 st respondent. It was also pleaded that the correctness or otherwise of the allegations that led to the registration of a crime ought not to have been gone into by the 1 st respondent while passing the order under Rule 67(8) of KER and also that the finding by the 1st respondent that the incident as alleged, had not occurred, was beyond the authority of the 1st respondent.