1. The question involved in this Writ Petition is whether a teacher working in an aided school can be placed under suspension by the educational officer invoking Section 12A (2) of the Kerala Education Act on the ground that investigation of a criminal case against him is going on.

2. The petitioner is working as Junior Hindi Teacher (FT) in Mangad A.U.P.School in Kozhikode District. The petitioner was placed under suspension as per Ext.P1 order dated 16.4.2008 on the ground that investigation in Crime No.102 of 2008 of Balussery Police Station registered against him was in progress. Ext.P1 order shows that the crime was registered on a petition filed by the wife of the petitioner alleging that she was harassed and assaulted, both mentally and physically, by the petitioner demanding more money and gold ornaments. The information regarding the crime and continuation of the investigation was furnished by the Sub Inspector of Police, Balussery to the Deputy Director of Education, Kozhikode, as per letter dated 13.2.2008. Ext.P1 also shows that the Deputy Director of Education, Kozhikode, as per letter dated 31.3.2008 addressed to the Assistant Educational Officer, directed the latter to place the petitioner under suspension invoking the power under Section 12A of the Kerala Education Act and to refer the matter to the Manager for further action. On receipt of the letter from the Deputy Director of Education, the Assistant Educational Officer passed Ext.P1 order dated 16.4.2008 placing the petitioner under suspension. Ext.P1 is under challenge in this Writ Petition.

3. Sri.Mohammed Nias C.P., learned counsel for the petitioner, submitted that Ext.P1 order is contrary to Section 12A of the Kerala Education Act. It is submitted that before passing the order of suspension, the authorised officer should have intimated the Manager as envisaged under the proviso to Section 12A of the Kerala Education Act and since the statutory mandate has not been complied with, Ext.P1 order is liable to be quashed. The counsel submitted that the Educational Officer has no jurisdiction to invoke the power under Section 12A of the Kerala Education Act on the ground that investigation in a criminal case is pending against the petitioner. The learned counsel also submitted that subsequent to the filing of the Writ Petition, the petitioner was acquitted in the criminal case finding that there is no evidence to show that he committed the offence. It is submitted that before the criminal court, the wife of the petitioner stated in clear terms that she was not harassed in any manner by the petitioner. The mother-in-law of the petitioner also deposed the same before the criminal court.

4. The learned Government Pleader, on the other hand, contended that the proviso to Section 12A of the Kerala Education Act only governs sub-section (1) thereof and it is not applicable to a case of suspension under sub-section (2) of Section 12A of the Act. The learned Government Pleader also relied on clause (v) of Chapter XIII of the Kerala Education Rules to support Ext.P1 order. The learned Government Pleader also submitted that sub-rules (1) and (2) of Rule 67 of Chapter XIVA of the Kerala Education Rules do not control the wide power given to the Government or the officer authorised by the Government to invoke the power of suspension under Section 12A of the Kerala Education Act. The learned Government Pleader contended that the Writ Petition is not maintainable as the petitioner has an effective alternative remedy of appeal under Rule 79 of Chapter XIVA of the Kerala Education Rules.

5. Section 12A of the Kerala Education Act and sub-rules (1) and (2) of Rule 67 of Chapter XIVA of the Kerala Education Rules are relevant for the purpose of considering the contentions raised by the parties. These provisions are extracted below:

"12A. Disciplinary powers of Government over Teachers of aided schools.-- (1) Notwithstanding anything contained in section 11 or secti