J U D G M E N T

The petitioner was appointed as a UPSA in the school managed by the 5^th respondent and was later promoted as High School Assistant (English), and continued as such. However, in the year 2018, Crime No. 80/2018 was registered by the Edavanna Police against the petitioner, alleging offences punishable under the provisions of Sections 376(2), 406, 420 and 506 of the Indian Penal Code, 1860. The petitioner was initially suspended by Ext. P1 order dated 01.06.2018, and Ext. P2 memo of charges dated 21.07.2018 was also served on him. The memo of charges would show that the statement of allegations has been specifically raised therein with reference to the petitioner and his involvement with another female teacher of the school.

2. The matter was enquired into by the District Educational Officer (DEO), as evident from Ext. P3. However, the 3^rd respondent found that the enquiry was required to be redone, as the petitioner was not made a party to the enquiry proceedings. Consequently, a re-enquiry was conducted and the report at Ext. P5 was prepared by the DEO. Based on the said report, the petitioner was proposed to be removed from service, as evidenced by Ext. P6. However,