RAJAN P.JOHN Vs. DEPUTY DIRECTOR OF EDUCATION

JUDGEMENT

(1.) THE petitioner while working as Headmaster of an aided school was suspended from service along with another teacher on the allegation that the question papers in respect of two examinations were unauthorisedly opened.

(2.) THE Manager of the school initiated disciplinary proceedings and by Ext.P5 order proposed censure as a punishment and thereafter by Ext.P7 the petitioner was imposed the punishment of censure. Subsequently, the Deputy Director (Education), Thrissur, the Government authority exercising power under S.12A of the Kerala Education Act issued Ext.P9 show-cause notice proposing punishment of termination from service, as according to them, opening of the question paper packets of S.S.L.C. of March 2005 Examination in advance was a very major offence in the history of the conduct of Public Examination by Education Department.

(3.) LEARNED counsel for the petitioner contends that in so far as the Manager had already decided the matter and issued show-cause notice, considering the issue involved in the charge of misconduct and had censured the petitioner, there is no reason for the educational authority to have further inquired into the matter proposing a major punishment.