T.S. SAJI HEADMISTRESS (UNDER ORDER OF REINSTATEMENT) MAHAGANAPATHY LOWER PRIMARY SCHOOL Vs. T.O. BHASKER MANAGER, M.G.L.P SCHOOL AND OTHERS

JUDGEMENT

(1.) This appeal is filed against an interim order, dated 23.1.2018, in I.A.No.18922 of 2017 in W.P.(C) No.28952 of 2017 by which the learned single Judge had issued certain directions.

(2.) The Writ Petition is filed by the Manager of an aided school challenging Ext.P20 order dated 16.8.2017 of the Government by which, while coming to the conclusion that certain irregularities had been noticed which requires detailed enquiry, direction was issued to the Manager to withdraw the suspension imposed against the appellant herein and she was directed to be reinstated.

(3.) The contention urged by the writ petitioner was that in so far as proper enquiry is required to be conducted in relation to the serious allegations raised, reinstatement would affect the interests of the management. An interim order was passed by this Court on 31.8.2017 by which Ext.P20 order, which directs that the petitioner should reinstate the appellant, came to be stayed for a period of two weeks. The said interim order was extended from time to time. The appellant in the mean time filed an application, I.A.No.18922 of 2017, seeking to vacate the interim order dated 31.8.2017 by which an interim stay has been granted, which was being extended from time to time. In the mean time, an enquiry report prepared by the District Educational Officer was filed before this Court, in which a direction was issued to reinstate the appellant in service. While considering the said application, the impugned order dated 23.1.2018 was passed, by which the learned single Judge observed that the Educational Authorities ought to have conducted an enquiry under Rule 75 of Chapter XIV A of the Kerala Education Rules and to record the findings on all the charges levelled against the delinquent teacher. Accordingly, a direction has been issued to the District Educational Officer to conduct an enquiry and to complete the same within two weeks. Until such time, the interim order dated 31.8.2017 was ordered to be continued.