Milton Lazar vs The Manager, Christ Raj High ...
2022 Latest Caselaw 10622 Ker

          IN THE HIGH COURT OF KERALA AT ERNAKULAM
                           PRESENT
      THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V
  FRIDAY, THE 21ST DAY OF OCTOBER 2022 / 29TH ASWINA, 1944

                  WP(C) NO. 25753 OF 2022

PETITIONER/S:

           MILTON LAZAR
           AGED 43 YEARS
           S/O.P.V.LAZAR,
           L.D.CLERK, CHRIST RAJ HIGH SCHOOL,
           KUTTIPUZHA, KUNNUKKARA,
           ERNAKULAM DISTRICT, PIN - 683 578
           RESIDING AT PUTHUSSERY HOUSE,
           KUTTIPUZHA, KUNNUKARA P.O., PIN - 683 578.

           BY ADV S.RAMESH

RESPONDENT/S:

    1      THE MANAGER, CHRIST RAJ HIGH SCHOOL
           KUTTIPUZHA, KUNNUKKARA,
           ERNAKULAM DISTRICT, PIN - 683 578.

    2      THE DISTRICT EDUCATIONAL OFFICER
           OFFICE OF THE DISTRICT EDUCATIONAL OFFICER,
           ALUVA, ERNAKULAM DISTRICT, PIN- 683 101.

           BY ADV M.G.JEEVAN

           SMT ANIMA M GP


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 21.10.2022, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
 WP(C) NO. 25753 OF 2022

                                       2


                                 JUDGMENT

The petitioner states that he was appointed as L.D.Clerk in the Christ

Raj High School, Kuttipuzha on 01.06.2015. According to him, after having

completed about 7 years of service, he was served with Ext.P1 Suspension

Order on 05.07.2022 raising certain allegations against him. The petitioner

contends that, thereafter, Ext.P2 Charge Sheet was issued to the petitioner

on 08.07.2022. According to the petitioner, consequent thereto, Ext.P3

termination order was issued without following the procedure as

contemplated under Rule 75 of Chapter XIV A of the KER.

2. The petitioner urges that under Rule 75, before proceeding to

impose a major penalty, an enquiry is required to be conducted by an

officer, not below the rank of Assistant Educational Officer. In the instant

case, the Manager has assumed the power illegally and has appointed an

enquiry officer, which action is against the statutory mandate.

3. It is in the afore circumstances that this writ petition is filed

seeking to quash Exts.P1 to P3 and to order reinstatement of the petitioner

in service and also for declaring that the disciplinary proceedings initiated

against the petitioner are in violation of the statutory principles. WP(C) NO. 25753 OF 2022

4. A counter affidavit has been filed by the 1st respondent. It is

stated in the counter affidavit that the Manager was satisfied that there is a

prima facie case for taking action against the petitioner herein, and

therefore, after framing the charge, proceedings were carried out, and the

petitioner was removed from service.

5. I have heard the submissions of Sri. S. Ramesh, the learned

counsel appearing for the petitioner, Sri. M.G. Jeevan, the learned counsel

appearing for the Manager and the learned Government Pleader.

6. From the records, it is apparent that the procedure as

contemplated under Rule 75 of Chapter XIVA of the KER was not followed

by the Manager. The manager has arrogated to himself the power to

appoint an officer to conduct an enquiry into the allegations against the

petitioner. I have no doubt in my mind that the action of the manager

cannot be sustained under law. In that view of the matter, Exts. P1, P2, and

P3 cannot be sustained under law.

7. In view of the discussion above, the petitioner is entitled to

succeed. This writ petition is ordered, and the following directions are

issued.

WP(C) NO. 25753 OF 2022

(i) Exhibit P1, P2 and P3 will stand quashed.

(ii) The 1st respondent is directed to reinstate the petitioner in

service. The right of the 1st respondent to continue with the

proceedings, if he chooses to do so, strictly in accordance with

law, will stand reserved.

Sd/-

RAJA VIJAYARAGHAVAN V JUDGE

avs WP(C) NO. 25753 OF 2022

APPENDIX OF WP(C) 25753/2022

PETITIONER EXHIBITS

Exhibit P1 TRUE COPY OF THE SUSPENSION ORDER DATED 5/7/2021 ISSUED BY THE 1ST RESPONDENT MANAGER.

Exhibit P2 TRUE COPY OF THE CHARGE SHEET DATED 8/7/2022 ISSUED TO THE PETITIONER BY THE DOMESTIC DISCIPLINARY ENQUIRY OFFICER.

Exhibit P3 TRUE COPY OF THE ORDER DATED 1/8/2022 ISSUED BY THE 1ST RESPONDENT - MANAGER TERMINATING THE PETITIONER FROM SERVICE.

Exhibit P4 TRUE COPY OF THE LEAVE APPLICATION DATED 4/7/2022 SUBMITTED BY THE PETITIONER BEFORE THE 1ST RESPONDENT MANAGER.