SupremeToday Landscape Ad
Back
Next
Judicial Analysis Court Copy Headnote Facts Arguments Court observation
judgment-img

2014 Supreme(Ker) 865

DAMA SESHADRI NAIDU
C. V. Vijeesh – Appellant
Versus
State of Kerala – Respondent


Advocate Appeared:
For the Petitioner:V.A. Muhammed and M. Sajjad, Advocates
For the Respondents: Liju V. Stephen (GP)

JUDGMENT :

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











































Click Here to Read the rest of this document

1
2
3
4
5
6
7
8
9
10
11
SupremeToday Portrait Ad
supreme today icon
logo-black

An indispensable Tool for Legal Professionals, Endorsed by Various High Court and Judicial Officers

Please visit our Training & Support
Center or Contact Us for assistance

qr

Scan Me!

India’s Legal research and Law Firm App, Download now!

For Daily Legal Updates, Join us on :

whatsapp-icon telegram-icon
whatsapp-icon Back to top