GANGADHARAN Vs. DY DIRECTOR OF EDUCATION
HIGH COURT OF KERALA
DY. DIRECTOR OF EDUCATION
Click here to view full judgement.
(1.)Writ petitioner in O.P.4052/1993 is the appellant. While working as Headmaster of) UAHM Upper Primary School, Omanoor, under the management of the fourth respondent, he was placed under suspension pending enquiry. Manager sought sanction from the Assistant Educational Officer for placing the Headmaster under suspension beyond 15 days. Assistant Educational Officer declined to grant the required sanction for keeping the Headmaster under suspension beyond 15 days. Manager questioned that order of the Assistant Educational Officer in appeal before the District Educational Officer, presumably invoking the provisions contained in R.64 of Chap.14A of Kerala Education Rules. By Ext. P11 order dated 9-3-1993, District Educational Officer directed Assistant Educational Officer to give permission to the Manager for retaining the Headmaster (writ petitioner) under suspension beyond 15 days. This order of the District Educational Officer was challenged in O.P.4052/1993, Learned Single Judge by judgment dated 7-4-1993 disposed of the same, observing;
"In the result I record the submission of the learned Advocate General that the order is passed under R.64 of Chap.14A of K.E.R, and it is made clear that the petitioner can file an appeal against that order". The correctness of this decision is disputed by the appellant.
(2.)R.67 of Chap.14A deals with provisions relating to suspension of teachers. As per that rule, the manager of an aided school may at any time place a teacher under suspension under the circumstances provided in that rule. This power of the manager is not unrestricted. At the 'first instance the manager can place the teacher under suspension only for a period of 15 days. If the teacher is to be continued under suspension for a period exceeding 15 days, previous sanction of the educational authorities is mandatory. It is so provided as per the proviso to clause (7) of R.67. That proviso reads:
"Provided that no teacher shall be placed under suspension by the manager for a continuous period exceeding 15 days without the previous sanction of the Deputy Director (Education) in the case of Headmasters of secondary schools and training schools and of the Educational Officer in other cases".
(3.)The steps to be taken by the manager in cases where the teacher is to be kept under suspension for a period exceeding 15 days is provided by clause.(8) of R.67. According to that clause, where an order of suspension is passed by the manager he should on the same day report the matter to the Educational Officer, together with the reasons for keeping the teacher under suspension. Where the manager wants to keep the Headmaster of a secondary school or a training school under suspension, the matter must be reported to the Deputy Director of Education in addition to the concerned Educational Officer. In the case of Headmasters of secondary schools or training schools, the previous sanction should be granted by the Deputy Director of Education for keeping the delinquent Headmaster under suspension beyond 15 days. In the case of other teachers, the sanction is to be accorded by the concerned Educational Officer, i.e. in the case of High School Assistants, sanction is to be accorded by the District Educational Officer and in the case of Headmasters or teachers of Primary Schools, by the Assistant Educational Officer. Before giving this sanction, the concerned authority is to hold an investigation to get itself satisfied as to whether there exists valid grounds for keeping the delinquent teacher under suspension. In case the officer finds that there is no justifiable cause for keeping the teacher under suspension, Manager can be directed to reins talc the teacher in service with effect from the date of suspension. In such a situation if the teacher is not reinstated by the manager, the teacher should be deemed to have been on duly. The department will then be entitled to disburse the pay and allowance of the teacher as if he were not under suspension. The amounts so disbursed to the teacher can be recovered from the amounts due to the manager. In cases where the concerned authority comes to the conclusion that there arc valid grounds for keeping the teacher under suspension beyond 15 days, sanction can be accorded to the manager for the said purpose.
Copyright © Regent Computronics Pvt.Ltd.