KRISHNAN Vs. DISTRICT EDUCATIONAL OFFICER ALLEPPEY

JUDGEMENT

(1.) THE petitioner is a full-time menial servant working in the Naduvattom High School . By Ext. P-2 proceedings of the District Educational Officer, Alleppey, dated 22nd November 1974, certain charges were framed against him, and he was placed under suspension pending enquiry with immediate effect. H has rushed up to this Court to quash Ext. P-2 proceedings on the ground that the educational authorities have no jurisdiction either to take disciplinary action against him or to place him under suspension pending enquiry.

(2.) COUNSEL for the petitioner argued this matter with great vehemence and strenuousness. But we are unable to see our way to agree with his submissions. A Full Bench of this Court in Assistant Educational officer v. Mamoo 1968 KLT. 556 bad occasion to point out with respect to provisions of S. 12 of the Kerala Education Act that it did not confer any right on the educational authorities to take disciplinary action against the teachers of private aided institutions, and that in the absence of any statutory power conferred by the section itself such a power of disciplinary action cannot be arrogated to themselves by the educational authorities under the rules framed under the provisions of the statute. Therefore it was held that R. 67, 75 and 77 of Chapter XIV (A) travelled beyond the provisions of S. 12 of the Act in so far as they conferred the right of disciplinary action on educational authorities, and were declared to that extent to be ultra vires. In order to remedy this situation S. 12a was introduced in the Act. That section provides: 'disciplinary powers of Government over teachers of aided schools: (1) Notwithstanding anything contained in S. 11 or S. 12 and subject to such rules as my be prescribed, the Government or such officer not below the rank of an Educational Officer, as may be authorised by the Government in this behalf, shall have power to take disciplinary proceedings against a teacher of an aided school and to impose upon him all or any of the penalties specified in the rules made under this Act. (2) The Government or the officer authorised under sub-section (1), as the case may be, may suspend a teacher of an aided school when any disciplinary proceedings is proposed to be taken against him under that sub-section or when such disciplinary proceedings are pending: Provided that (a) before exercising the powers under sub-section (1)the Government or the authorised officer as the case may be, may intimate the manager regarding the circumstances requiring disciplinary action against the teacher concerned and give the manager a reasonable opportunity of taking disciplinary action; and (b) if the manager fails to take appropriate action it shall be open to the Government or the authorised officer to take appropriate disciplinary action against the teacher concerned. " It will be seen that under this section by a direct statutory provision the right to take disciplinary action against teaching staff was conferred on the Government.

(3.) IN the circumstances, Ext. P2 was properly issued, and we see no ground to quash the same. We dismiss this writ petition, but with no order as to costs. Dismissed. . .