K.T.JOSEPH Vs. STATE OF KERALA

JUDGEMENT

(1.) Challenge is against Ext. P2 Order, to the extent it suspended the petitioner from the post of Headmaster. Among other grounds, the petitioner had assailed Ext. P2 alleging non-compliance of the proviso to S. 12A of the Kerala Education Act. Inter alia, the petitioner contents that the entire allegations in Ext. P2 are baseless and the suspension had resulted in imposition of a punishment. To a specific query made by this court to the Government Pleader as to whether the procedure contemplated under the proviso to S. 12A was followed in the matter of Ext. P2, it is conceded on the basis of instructions that no notice or intimation was given to the Manager of the aided school in which the petitioner is working, in compliance with the proviso to S. 12A.

(2.) Under S. 12A of the Act, the Government or the Authorised officer is vested with powers to take disciplinary action against any teacher of an aided school and to impose all or any of the penalties specified in the relevant Rules. Sub-s. (2) enables the Government or the Authorised officer as the case may be, to suspend a teacher when any disciplinary proceedings is proposed to be taken against him under sub-s. (1). But the proviso to S. 12A insist that before exercising powers under sub-s. (1) the Government or the Authorised officer may intimate the Manager regarding the circumstances requiring such action and to give the Manager a reasonable opportunity for taking disciplinary action. Proviso (b) enables the Government or the Authorised officer to take appropriate disciplinary action if the Manager fails to take any appropriate action on the basis of such intimation.

(3.) In the case at hand, it is evident from Ext. P2 that the petitioner was suspended from the post of Headmaster stating the reason that continuance of the petitioner in the post will create hindrance for detailed verification and audit of the accounts relating to 'noon meal feeding'. It specifically mentioned that the suspension is ordered in exercise of power vested under S. 12A of the Act. The impugned order further says that the suspension is ordered pending finalisation of the audit of the 'noon meal feeding account.