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2024 Supreme(Ker) 437

IN THE HIGH COURT OF KERALA AT ERNAKULAM
A. MUHAMED MUSTAQUE, SHOBA ANNAMMA EAPEN, JJ.
Dr. Rema M., W/o. Radhakrishnan Nair M. - Petitioner
Versus
The Director of Collegiate Education,Thiruvananthapuram & Ors. - Respondents
O.P.(KAT) Nos.320 of 2023 and 109 of 2024
Decided On : 09-04-2024

Advocates Appeared:
For the Petitioner: Nisha George, George Poonthottam (SR.), A.L. Navaneeth Krishnan.
For the Respondent: Sr. Government Pleader, Shri A.J. Varghese.

IMPORTANT POINT
The disciplinary action was initiated on extraneous considerations and lacked foundational facts, leading to the quashing of the charge memo and allegations.

Headnote:

Disciplinary Action - Government Servants' Conduct Rules - Rule 62, 63 - Summary of Acts and Sections: Rule 62, Rule 63 - The court analyzed the disciplinary action against the petitioner under the Government Servants' Conduct Rules, specifically Rule 62 and Rule 63, and highlighted the lack of foundational facts and extraneous considerations in the initiation of disciplinary action.

Fact of the Case:

The petitioner, a Principal-in-charge, faced unprecedented situations including wrongful restraint by students, discharge from duties, and disciplinary action for giving an interview to a news channel.

Finding of the Court:

The court found that the disciplinary action was initiated on extraneous considerations and lacked foundational facts, and quashed the charge memo and allegations.

Issues: The issues involved wrongful restraint, disciplinary action, violation of Government Servants' Conduct Rules, and the initiation of fresh charge memos on the eve of retirement.

Ratio Decidendi: The court emphasized the lack of foundational facts and extraneous considerations in the initiation of disciplinary action, and the abuse of power by public officials.

Final Decision: O.P.(KAT).No.320/2023 is dismissed as infructuous. O.P.(KAT).No.109/2024 is allowed. Impugned order is set aside. The court quashed the charge memo and allegations.

 

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 22/2/2023, news spread across the State alleging that the petitioner verbally abused the students. This news is alleged to have been circulated by SFI students. On 23/2/2023, around 60 students belonging to SFI detained the petitioner from 10.30 onwards till 2.00 clock. She was not even allowed to attend the washroom. Furthermore, she was heckled by some of the female students. It was with the assistance of the police she was released from wrongful restraint. The police registered an FIR on 24/2/2023 on her information. SFI student leaders were accused of the offences committed against her. In the meanwhile, on 23/2/2023, she was discharged from the duties of the Principal. On 24/2/2023, she gave an interview to an online news channel called Marunadan Malayali. In that interview, she spoke about the immoral conduct of the students and the use of drugs among them. She mentioned witnessing physical relationships similar to those in marriage within closed classrooms and cautioned parents to take care of their daughters. She also narrated atrocities and illegal activities involving students belonging to SFI. On 2/3/2023, she received a show cause notice from the Director of Collegiate Education, alleging that her statements in the interview portrayed the students as antisocial, immoral, and drug users, thereby tarnishing the image of staff, teachers and the institution before the general public. This, according to the Director, lowered the dignity and reputation of the institution. Therefore, the petitioner was asked to explain as a prelude to disciplinary action. She gave a response on 18/3/2023, reiterating the immoral conduct of certain students. However, she clarified that she had not raised any aspersion against the entire student community. She stated that her daughter is also studying in that college. She explained that the interview was given as SFI leaders attempted to isolate her from the general public by creating manipulated audio clips and circulating them on social media. It is in response to this false propaganda that she gave the interview to the news channel.

2. It is apparent that the Director of Collegiate Education sought a report based on the complaint raised by one Shri Akshay M.K., Secretary, SFI Unit, Government College, Kasaragod. The Director constituted a committee for conducting inquiry composed of Deputy Director of Collegiate Education Dr. Sunil John J. and Professor Dr. Geetha E. and a Senior Clerk attached to the Directorate of Education, Shri Shyamlal I.S. The report was submitted before the Government on 15/6/2023. The committee considered certain aspects based on the complaint by Shri Akshay, Secretary of SFI Unit. Interestingly, the scope of the inquiry was limited to the conduct of Dr. Rema, and the Directorate of Collegiate E

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