Continued suspension amid pending criminal proceedings is not justified and must be addressed within a specified timeframe.

JUDGMENT

Dated this the 20^th day of February, 2026 The petitioner, who is working as HST (Malayalam) in Kuthuparamba Higher Secondary School, has filed this writ petition seeking the following reliefs:-

“i) To issue a writ of certiorari or any other appropriate writ or order to quash Exts.P2 and P3 continued suspension of the petitioner as they are illegal and in violation of the Rule in Chapter XIV A KER;

ii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 1^st respondent to consider and pass appropriate orders on Exts.P5 revision petition dated 24.03.2025 as expeditiously as possible adverting the decision rendered by the Hon’ble Apex Court in Ajay Kumar Choudhary V.

Union of India [(2015) 7 SCC 291] ;

iii) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 2^nd respondent to review the suspension of the petitioner by revoking the same from the day on which the petitioner was released on bail (30.12.2023) and to sanction all consequential benefits including the subsistence allowance during the period of suspension forthwith;

iv) To issue a writ of mandamus or any other appropriate writ or order or direction directing the 4^th respondent to reinstate the petitioner in service by revoking Ext.P1 suspension forthwith as the continued suspension without filing Memo of charges is illegal, arbitrary and unjustifiable.”

2. After hearing the counsel for the petitioner, I find that the petitioner was placed under suspension on 30.10.2023 onwards on account of judicial custody for more than 48 hours in connection with Crime No.697/2023 of Kannavam Police Station. It is submitted that the criminal proceedings are still pending.

3. Taking into consideration the facts of the case, I am of the view that continued suspension on that ground will not be in the interest of justice.

In the circumstances, the writ petition is disposed of directing the 3^rd respondent, who is acting as Manager of the School, to conclude disciplinary proceedings pending against the petitioner within a period of one month from the date of receipt of a copy of this judgment. If the proceedings are not concluded by that time, the respondents shall revoke the suspension of the petitioner and permit him to continue in service, subject to the outcome of the disciplinary proceedings.

Sd/-