The government or its authorized officer does not have the power to suspend a teacher solely on the ground that a criminal case is pending against them.

N.D.P. Namboodiripad, J.

1. The petitioner is the Headmaster of Kanjirangad A. L. P. School, which is an aided school under the management of the 2nd respondent. The 1st respondent who is the Asst. Educational Officer, Taliparamba, placed the petitioner under suspension under Ex. P1 order. It is the validity of Ex. P1 that is challenged in this O. P.

2. The impugned order reads as follows:

"It has been reported by Sub Inspector of Police, Taliparamba in the letter read above that a criminal case has been charged against Sri. K. P. Kunhiraman, Head Master, Kanhirangad L. P. School under S.147, 324, 427, and 379 I.P.C. in crime No. 71-73 of Taliparamba Police Station and that it is pending investigation trial. In the circumstances above said Sri. K. P. Kunhiraman, Headmaster, Kanhirangad L. P. School is placed under a suspension forthwith under R.67(2)(b) of Chap.14A of K. E. Act and Rules pending the final outcome of the criminal proceedings taken against him."

It is clear from the order that the petitioner was suspended solely on the ground C that criminal case is pending against him. The suspension of a teacher, is the subject matter of R.67 of Chap.14A of the Kerala Educational Rules. Sub-r.(1) of that rule deals with the powers of the Manager in the matter of placing a teacher under suspension. It is therein that "a case in respect of any criminal offence under investigation or trial", is relevant. As far as the Government or any officer under the Government are concerned the power of suspension is provided for in sub-r.(2) which reads as follows:

"The Government or an officer authorised by the Government under S.12A of the Act may suspend a teacher of an aided school;

(a) When any disciplinary proceedings are proposed to be taken against him; or

(b) When disciplinary proceedings are pending against him;".

The Sub-r.(2) does not confer any power on the Government or any officer of the Government to suspend the teacher on the ground that a criminal case is pending against the concerned teacher. There is thus force in the contention of the petitioner that the 1st respondent had no jurisdiction to issue Ex. P1 order. In O. P. No. 6543/1970 this Court has taken the above view. Ex. P1 is quashed, and this writ Petition is allowed as indicated above. No costs.