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A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN
Rema M. , W/o. Radhakrishnan Nair M. – Appellant
Versus
Director of Collegiate Education,Thiruvananthapuram – Respondent
The petitioner, while working as Principal-in-charge of Government College, Kasargod, faced unprecedented situations. The Students Federation of India complained about contaminated water served by the College. This was on 20/2/2023. The petitioner immediately asked the College Superintendent to take necessary action. Thereafter, on the same day, around 30 students belonging to SFI Union marched to her Chamber and gheraoed her. She was not allowed to move out of the Chamber. They squatted in her chamber without allowing her to move till 2 pm. The students were accompanied by certain outsiders. Thereafter, she was allowed to have food, and she returned after 10 minutes. The students did not allow teachers and other staff to sign the Register. They captured photos and videos of her, and ultimately, with the assistance of police, she was freed from the wrongful restraint caused by the students and outsiders. Again, on 21/2/2023, leaders of SFI Students wing, entered her chamber seeking an explanation on the actions taken regarding the supply of purified water. She provided the details of the action taken and also mentioned about samples taken by the Kerala Water Authority. On 22/2/202
The disciplinary action was initiated on extraneous considerations and lacked foundational facts, leading to the quashing of the charge memo and allegations.
Government servants' conduct is regulated by specific rules, and actions outside official duties can still constitute misconduct if they undermine integrity or reflect poorly on their position.
Procedural impropriety in disciplinary proceedings invalidates dismissal; adherence to rules is essential for fairness.
The court established that disciplinary action under Section 14 of the Sexual Harassment of Women at Workplace Act requires a finding of malicious intent or knowledge of falsity, which was not presen....
Writ petition maintainable despite alternative remedy where disciplinary proceedings violate natural justice by rejecting detailed reply to charge-sheet and failing to serve inquiry report properly a....
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