A MESSIYANDAS Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner who is the Headmaster of the Panchayat School, Poovachal, challenges Ext. P3 proceedings of the Director of Public Instruction by which he was placed under suspension, pending disciplinary proceedings, under S.12A of the Kerala Education Act, 1958. S.12A reads:

(2.) The validity of the section itself was attacked, but no arguments were addressed to substantiate the challenge. Therefore, the only question is whether the exercise of the power of suspension was valid and proper. Sub clause (1) of the section gives power to the Government or the officers authorised by them to take disciplinary proceedings against a teacher of an aided school and to impose upon him any of the penalties provided in the rules made under this Act R.65 of Chap.14A specifies the penalties which can be imposed upon teachers of aided schools. The proviso to S.12A on its express language has relation only to the exercise of the power under sub-s.(1) and not to the exercise of the power under sub-s.(2). The result is that when, under sub-s.(2), the Government or the officers empowered, proceed to suspend a teacher when disciplinary proceedings are proposed or pending, they are not fettered by sub clause (a) or sub clause (b) of the proviso. This conclusion stands only reinforced by the provision of Chap.14A R.67. Clause (1) of the rule gives the Manager the right of placing a teacher under suspension when disciplinary proceedings are contemplated or are pending. Clause (2) of the rule gives the same power to the Government or the officers authorised by them. The power conferred is concurrent. There is nothing in the rule making the Government's exercise of the power conditional upon a prior option to exercise the same being given to the Manager.

(3.) In the circumstances, on the language of the section and the Rule, and as long as they have not been established to be ultra vires, the power of suspension exercised in this case is proper and correct. I dismiss this writ petition, but make no order as to costs.