S AROCKIAM Vs. DISTRICT ELEMENTARY EDUCATIONAL OFFICER

JUDGEMENT

(1.) THE petitioner was working as a Secondary Grade Teacher in the third respondent school. He had also worked as a part time clerk in the Alankaramadha Teachers' Co-operative Thrift & Credit Society, Paramakudi.

(2.) CERTAIN charges were framed against the petitioner dated 05.12.2006, which is impugned in the present Writ Petition. He was also placed under suspension pending enquiry into charges. His attempt to challenge the charge memo was not successful, since the Writ Petition No.7376 of 2006 filed by the petitioner was dismissed by this Court as early as on 17.11.2006. Now he is at his turn to challenge the charge memo on certain grounds.

(3.) THE second submission of the learned counsel for the petitioner that the Code of Conduct is not violated has to be rejected. In the present case, charges framed against the petitioner are so serious i.e., using the protection of the school and while discharging his functions in a Co-operative Society run for the benefit of the teachers, false certificates have been produced or fabricated and that loans have been taken on that basis. Further allegation was that no such teachers in whose names loans were taken are working in the said R.C., School. It is needless to state that it is a serious misconduct. To take umbrage under the Code of Conduct by stating that the petitioner has not committed any misconduct in terms of the Code of Conduct is certainly not available to the petitioner. If the petitioner's argument is logically accepted, then even if he has committed any murder or any other felony, then the school cannot take action in respect of such conduct, as it has not been codified in Annexure-II. Even such an argument has no basis because under Paragraph 1 of the Code of Conduct, it is clearly stated that a teacher employed in a Private School shall discharge his duties efficiently and diligently and conform to the Rules and Regulations. THE Rules and Regulations mentioned therein relates all the laws of this Country which has a bearing on the teachers. THErefore, the petitioner cannot take the plea that there is only for a specific misconduct listed under the Code alone, action can be taken against him.