DAMA SESHADRI NAIDU
C. V. Vijeesh – Appellant
Versus
State of Kerala – Respondent
Dama Seshadri Naidu, J.
The issue in this writ petition, facile as it may appear, is whether an incumbent officer can be made liable and answerable to the misdeeds of his predecessor-in-office on the premise that the misdeeds were committed by the delinquent while answering a particular description as an officer rather than as an individual. In other words, does the offence or misdeed run with the office, rather than with the delinquent, the individual?
2. On the factual front, the petitioner is the Manager of Ackiparamba U.P. School, which is an aided school situated at Taliparamba North in Kannur District. Prior to him, one Mr. T.K. Balakumar was the Manager till 12.01.2011. On his death, one Mr. Chandran succeeded him in office, where after the petitioner was made the Manager on 16.05.2011. The petitioner is said to be continuing in the said post.
3. It is brought on record that while Mr. T.K. Bala Kumar was the Manager of the school, he had initiated disciplinary action against one Smt. K.V. Vasantha Prabha, the HM of school. As part of the said disciplinary proceedings, he suspended her from service from 29.10.2009 to 16.03.2010 and from 18.03.2010 to 21.03.2010. The au
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