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IN THE HIGH COURT OF KERALA AT ERNAKULAM
D. K. SINGH
Manager T.I.M. Girls Higher Secondary School Nadapuram – Appellant
Versus
State Of Kerala – Respondent
JUDGMENT :
D. K. SINGH, J.
The petitioner is the manager of T.I.M. Girls Higher Secondary School, Nadapuram. The 5th respondent, the clerk (retired), was placed under suspension by the petitioner on the complaint of the Headmaster of the school alleging unauthorized absence, professional misconduct, non-cooperation, dereliction of duty, etc. The preliminary enquiry was conducted and prima facie it was found that the 5th respondent had misconducted himself. Therefore, the 5th respondent was placed under suspension by the petitioner vide Ext.P4 order dated 17.07.2014 for fifteen days under Rule 67 (1) of Chapter XIV-A of the KERALA EDUCATION RULES . After placing the 5th respondent under suspension, the same was intimated to the 4th respondent to conduct a preliminary enquiry and permit the petitioner to extend the suspension of the 5th respondent beyond fifteen days.
2. The 4th respondent conducted a preliminary enquiry and found that there was a prima facie case of professional misconduct for which the petitioner had initiated disciplinary proceedings against the 5th respondent. The 4th respondent accorded permission to the petitioner to place the 5th respondent under suspension bey
Failure to provide an opportunity of hearing before punitive actions undermines procedural fairness, necessitating remand for due process.
The court affirmed the obligation of educational authorities to conduct formal disciplinary inquiries under applicable rules, regardless of executive delays.
Employment - Investigation - Order of Suspension of Teacher cannot cancel - Preliminary investigation, contemplated under said sub-rule, is to satisfy controlling officer about necessity or need for ....
The approval of a suspension order without a charge sheet and without affording the employee an opportunity to be heard violates principles of natural justice.
The court upheld the necessity of extending the suspension of an employee pending enquiry when prima facie evidence of misconduct exists, emphasizing the importance of maintaining discipline in educa....
The court upheld the suspension of a teacher for misconduct, emphasizing the need for discipline in educational institutions.
The District Inspector of Schools must provide an opportunity for hearing before approving or disapproving a teacher's suspension order, as mandated by Section 16-G of the U.P. Intermediate Education....
Point of Law : Power of suspension is only with Manager and for first 15 days said power is absolute, subsequent power to extend period of suspension is a regulated power.
The suspension of a teacher under the Kerala Education Act is permissible only when a disciplinary action is either contemplated or continuing, and the period of suspension should be treated as duty ....
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