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2021 Supreme(Ker) 319

S.V.BHATTI, BECHU KURIAN THOMAS
Zamorin's Higher Secondary School, Chalappuram – Appellant
Versus
District Educational Officer, Kozhikode – Respondent


Advocates:
Advocate Appeared:
For the Appellants : Anuroopa Jayadevan, Sri. Ashruth Naser, Smt. Anima M.
For the Respondents: Sri. Manu Govind, Sri. M.I. Johnson.

JUDGMENT :

BECHU KURIAN THOMAS, J.

1. By an order under Rule 67(8) of the Kerala Education Rules 1959, the 1st respondent directed the appellant to reinstate a teacher, after canceling an order of suspension. Though the appellant challenged the said order in the writ petition, the learned Single Judge dismissed the same against which this appeal is preferred.

2. Ext.P6 order issued by the 1st respondent was impugned in the writ petition. By Ext.P4, the appellant had placed the 3rd respondent-teacher under suspension on 13-02-2020 due to the registration of a crime. The 1st respondent cancelled the order of suspension by the order impugned in the writ petition. Finding that the suspension was imposed by Ext.P4 without considering any of the factual situations and without a preliminary enquiry, the 1st respondent, observed in Ext.P6 that, the alleged assault was not proved and that the frequent initiation of disciplinary proceedings against the 3rd respondent without adhering to the Kerala Education Rules was also adversely affecting the smooth academic atmosphere of the school apart from creating headache to the department. On the above reasoning, the order suspending the 3rd responden

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