P. Madhavan V. The Assistant Educational Officer, Kannur North and Director of Public Instructions, Thiruvananthapuram and State of Kerala represented by Secretary to Government Department of General Education, Thiruvananthapuram and Manager, Varam Up School & Elayavoor Central L P School

WP(C)/15592/2014

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The petitioner, P. Madhavan, the Headmaster of Elayavoor Central L.P. School, challenged his suspension order issued by the Manager of the school, pending an enquiry into allegations of mismanagement and malpractices against the Manager. The petitioner sought a direction for a proper enquiry into the complaints against the Manager while contesting the validity of his own suspension. The court dismissed the petition on procedural grounds, noting the improper joinder of causes of action and the preliminary nature of the suspension under the Kerala Education Rules, which allows for a maximum initial suspension period of 15 days without further extension unless justified by a preliminary investigation.

• Counselvise Citation: [2014] 140 COUNSELVISE.COM (IT) 799133 (HC-KERALA)
• Appeal Type: Others
• Pronouncement Date: 19-06-2014
• Assessment Year: misc
• Laws Referred To: Kerala Education Rules
• Result in Favour of: Revenue
• Court: HIGH COURT
• Department Lawyers: V VIJULAL
• Assessee Lawyers: SURESH KODOTH; K P BINU
• Keywords: Corruption; Enquiry; Malpractices; Mismanagement; Suspension
• Section: 67

Judgement Text

"IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH DAY OF JUNE 2014/29TH JYAISHTA, 1936 WP(C).No. 15592 of 2014 (Y) ---------------------------- PETITIONER(S): -------------------------- P. MADHAVAN, AGED 49 YEARS HEADMASTER, ELAYAVOOR CENTRAL L.P.SCHOOL (NOW UNDER SUSPENSION), S/O.V.V.KUNHIRAMAN NAMBIAR RESIDING AT ELAYAVOOR, P.O.MUNDAYAD, KANNUR DISTRICT. BY ADVS.SRI.SURESH KUMAR KODOTH SRI.K.P.ANTONY BINU RESPONDENT(S): ---------------------------- 1. THE ASSISTANT EDUCATIONAL OFFICER, KANNUR NORTH- 670 003. 2. DIRECTOR OF PUBLIC INSTRUCTIONS, THIRUVANANTHAPURAM - 695 001. 3. STATE OF KERALA REPRESENTED BY SECRETARY TO GOVERNMENT DEPARTMENT OF GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001. 4. MANAGER, VARAM UP SCHOOL & ELAYAVOOR CENTRAL L P SCHOOL RESIDING AT MAT ATHIL HOUSE, CHOWA P.O. KANNUR DISTRIC-670 006. R1 TO R3 BY SR. GOVERNMENT PLEADER SRI.V.VIJULAL. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 19-06-2014, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C).No. 15592 of 2014 (Y) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- P1: COPY OF THE ORDER OF SUSPENSION NO.2/2014-15 DATED 7.6.2014. P2: COPY OF THE REQUEST LETTER DATED 11/6/2014 SUBMITTED TO THE FIRST RESPONDENT. P3: COPY OF THE INTERIM ORDER DATED 2/6/2014 IN WP NO.13911/2014 PASSED BY THIS HON'BLE HIGH COURT. P4: COPY OF THE ORDER DATED 12/10/2012 OF THE INCOME TAX APPELLATE TRIBUNAL IN ITA NO.126/COCH/2012. P5: COPY OF THE MADYAMAM DAILY PUBLISHED ON 16/6/2009. P5(A): COPY OF MATHRUBHOOMI DATED 20/6/2009. P6: COPY OF THE REPRESENTATION DATED 10.4.2012 SUBMITTED BEFORE THE CHIEF MINISTER. P7: COPY OF THE COMPLAINT DATED 17.5.2013 BEFORE THE DIRECTOR OF VIGILANCE. P8: COPY OF THE REPRESENTATION DATED 19.7.2013 BEFORE THE KERALA VIGILANCE DIRECTOR, THIRUVANANTHAPURAM. P9: COPY OF THE REPRESENTATION DARTED 5.9.2013. P10: COPY OF THE LETTER DATED 10.10.2013. P11: COPY OF GOVERNMENT LETTER DATED 19.10.2012. P12: COPY OF G.O. DATED 17/01/2013. P13: COPY OF MEMO OF CHARGES ALONG WITH STATEMENT OF ALLEGATIONS DATED 13/02/2014 ISSUED BY 2ND RESPONDENT. P14: COPY OF THE COMPLAINT BEFORE THE DISTRICT POLICE CHIEF, KANNUR ON 11.6.2013. P15: COPY OF REPRESENTATION DATED 12/6/2013 BEFORE THE DISTRICT COLLECTOR. P16: REPLY DATED 21/1/2014 ISSUED BY DISTRICT POLICE CHIEF KANNUR. P17: REPLY DATED 6/3/2014 ISSUED BY DISTRICT POLICE CHIEF KANNUR. RESPONDENT(S)' EXHIBITS NIL --------------------------------------- /TRUE COPY/ P.A. TO JUDGE VPV P.N.RAVINDRAN, J. =-=-=-=-=-=-=-=-=-=-= W.P.(C)No.15592 of 2014 =-=-=-=-=-=-=-=-=-=-=-= Dated this the 19th day of June, 2014 JUDGMENT The petitioner, who is the Headmaster of an aided lower primary school, has filed this writ petition mainly challenging Ext.P1 order of suspension dated 7.6.2014 issued by the fourth respondent Manager placing him under suspension pending enquiry. The petitioner has also prayed for a direction to respondents 2 and 3 to cause a proper and effective enquiry into the complaint of mismanagement and malpractices including corruption against the fourth respondent and take appropriate action. The causes of action for the two reliefs are different and distinct. The petitioner could not have therefore joined the causes of action and filed the instant writ petition. I am therefore of the opinion that on that short ground, the instant writ petition is liable to be dismissed. 2. As regards the order of suspension, it is evident from sub- rule (7) of rule 67 of Chapter XIV A of the Kerala Education Rules that the initial suspension of a teacher can only be for a period of 15 days. In view of the stipulation in the rules, notwithstanding the fact that the order of suspension does not refer to the fact that the W.P.(C)No.15592 of 2014 2 suspension is for a period of 15 days, Ext.P1 will have efficacy only for a period of 15 days. Ext.P1 discloses that a copy thereof has been forwarded to the Assistant Educational Officer. In view of sub- rule (8) of rule 67 of Chapter XIV A of the Kerala Education Rules, the Educational Officer will have to conduct a preliminary investigation into the grounds of suspension. The petitioner has already moved the Assistant Educational Officer by submitting Ext.P2 representation dated 11.6.2014 to conduct a preliminary investigation and to revoke the order of suspension. The suspension of the petitioner can be continued after the expiry of the period of 15 days from 7.6.2014 only if after a preliminary investigation, permission is given to the Manager to continue the suspension beyond the period of 15 days. 3. Even assuming that the Manager is liable to be disqualified, so long as he continues to be the Manager, the Manager is competent to place the Headmaster or any other teacher of the school under suspension. The question whether the order of suspension is validly made or permission cannot be granted to continue the suspension beyond the period of 15 days, will depend on the preliminary investigation into the grounds of suspension and therefore, merely for the reason that the Manager is facing proceedings under rule 7 of Chapter III of the Kerala Education W.P.(C)No.15592 of 2014 3 Rules is not in my opinion a ground for the petitioner to invoke this Court's jurisdiction. In such circumstances, I am of the opinion that no relief can be granted in the instant writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to put forward his grievances at the time of the preliminary investigation into the grounds of suspension by the Educational Officer concerned. Sd/- P.N.RAVINDRAN JUDGE vpv "