P REMA Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioners are teachers of an aided school. On the allegation that they are responsible for bogus admission in the school, by Ext.P3 order, the Government directed the Deputy Director of Education, Kozhikode, to initiate disciplinary proceedings against the petitioners. Pursuant thereto, the Deputy Director issued Ext.P4 notice directing the petitioners to show cause why disciplinary proceedings should not be initiated against the petitioners. THE petitioners are challenging Exts. P3 and P4. THE petitioners' primary contention is that the impugned orders are against Section 12A(3) of the Kerala Education Act. According to them, in respect of teachers and staff of an aided school, the educational authorities cannot initiate disciplinary proceedings without complying with the provisions of Section 12A(2), which stipulates that, if the educational authorities are of opinion that disciplinary proceedings have to be initiated against any teacher or staff of an aided school, they shall first direct the manager to initiate such disciplinary proceedings and only if the manager fails to do so, the educational authorities themselves can initiate disciplinary proceedings. THE petitioners also submit that Ext.P3 order was passed by the Government behind the back of the petitioners insofar as they have not been afforded an opportunity of being heard before passing that order.

(2.) I have heard the learned Government Pleader also.

(3.) IN the enquiry to be conducted pursuant to such proceedings, the authority competent to conduct the enquiry, shall arrive at his conclusion without reference to the observations in Ext.P3 order and his findings shall be based on the evidence adduced in the enquiry conducted in accordance with the procedure prescribed in Chapter XIVA of the Kerala Education Rules.