THOMAS Vs. REGIONAL DEPUTY DIRECTOR OF PUBLIC INSTRUCTION

JUDGEMENT

(1.) THE petitioner who is the Headmaster of the Upper Primary School questions the legality and validity of the order passed by the Regional Deputy Director of Public Instruction,Ernakulam dated 11th June 1975 marked as Ext.P -7 in the case by which in exercise of the powers conferred under section 12(A)of Kerala Education Act(shortly stated the Act)and Rule 75(A)Chapter XIVA K.E.R .,the charges specified therein are framed against the petitioner and he has been directed to submit his written statement of defence within the time prescribed in the notice.He has also been directed in that order to inform,the Office of the Regional Deputy Director whether he desires to be heard in person in connection with the matter.Ext.P -7 proceeds to point out that if nothing is heard from the petitioner within the stipulated time of 15 days from the date of receipt of the intimation,action will be pursued presuming that the petitioner has nothing to say in the matter.

(2.) THE petitioner was placed under suspension as per the proceedings of the Director of Public Instruction on 13th May 1974.This order of suspension was issued pending initiation of disciplinary proceedings against the petitioners for certain alleged misconduct on his part.The petitioner filed O,P.2257 of 1974 before this court challeng­ing the order of suspension issued by the first respondent.The original petition though it was referred to a Division Bench was subsequently dismissed as not pressed.The order of suspension has been stayed when the original petition was admitted but subsequently it was vacated.The Assistant Educational Officer,Tripunithura by his proceedings dated 11th October 1974 implemented the order of suspension issued against the petitioner with retrospective effect from 18th October 1974.

(3.) THE Headmaster has collected money from the teachers every month at the time of disbursement of salary.Certain teachers have given written statement to the effect.The Headmaster has stated that it is not possible for him to run the institution with the maintenance grant sanctioned from the department.Hence he is utilising the amount so collected from the teachers for buying stationery and for meeting the T.A.of the peon for treasury duty etc.This is unautho­rised. There are complaints from the teachers of the school that they are not being paid their salary in time.It is stated that the Headmaster is purposely delaying the submission of salary bills to the Assistant Educational Officer.The stand taken by the Headmaster is that he is not prepared to draw the salary of the teachers in time and they can approach the department authorities if they are found of getting their salary in time.This order led the Manager of the school to initiate proceedings against the petitioner as contemplated by Rule 75(1 )(a)of the K.E.R.Although Ext.P -1 proceeding purports to be an intimation to the Manager regarding the circumstances,requiring disciplinary action against the petitioner,the said proceedings contained specific items of charges levelled against the petitioner and also a statement of allegation on the basis of which the said charges were formulated.The Manager furnished a copy of Ext.P -1 proceed­ings to the petitioner and after inviting his attention to the specific charges contained in the proceedings,the Manager also directed the petitioner to submit his explanations to the said charges,by his memo dated 22nd January 1975,copy of which has been marked as Ext.P -2 in the case.The petitioner submitted a detailed explanation with reference to the statement of allegations.Ext.P -3 is a copy of his explanations wherein he stated in regard to the charges: 1.As per normal practice,a fine of 4 paise per pupil was collected.But when the A.E.O .,Tripunithura pointed out this minor lapse,I have immediately credited the amount of Rs.384 on 8th April 1974 to the special fee account to make good of my innocent omission. As regards non -remittance of special fee collect ion in the post office SB account in time,I submit that it is happened on rare occasions for meeting urgent expenditure in the school and that too in the interest of service and that there is inordinate delay in effecting withdrawals from the post office to meet such inevitable payments.Moreover,it is a branch post office where advance notice of one week is required for any withdrawal.From this it is clear that the amount involved was actually accounted for on the dates and the funds utilised solely for the school expenditure and that too properly accounted.I will be more careful to comply with the provisions of the G.O.strictly and the omission involved may kindly be excused. Library account. "I admit that there is no special reading room for keeping library book and display of newspapers.But these are kept in office room and fully utilised by the public during their leisure hours.But when A.E.O.pointed out that it was objectionable to contribute for newspapers as there was no special room for the purpose,I immediately complied with his instructions and credited Rs.51 from my on packet on 8th April 1974;even though it was already spent as contribution to these newspapers. Stationary fee fund account." A sum of Rs.225 has been spent for printing question papers,it may please be noted that proper accounts have been maintained for the purpose and the advisory committee of special fee of the school have approved the diversion of the fund for the purpose.The amount was spent with good intentions.But when the A.E.O .,objected to it,I credited this amount also from my pocket,even though it was spent bona fide in the interest of the school and pupils. 2.At no time money has been collected from the pupils for priming question papers. 3.The stock of CARE feed was exhausted on 6th March 1974,Since immediate replenishment was not available at A.E.O.s Office,the feeding could not be continued with effect from 7th March 1974. In any case it was impracticable and uneconomical to fetch and supply CARE food for a few days,since feeding was to stop from 15th March 1974.Further the cook had also deserted the job. 4.The allegation that I have received money from teachers every month at the time of disbursement of salary is incorrect and baseless.Proper stamped acquittance roll for the disbursement of salary in time are neatly and correctly maintained in the school and were forwarded in time to the A.E.O .,Tripunithura along with the salary bills.