Kerala High Court
Krishnan.P vs State Of Kerala on 14 November, 2024
2024:KER:85023
WPC.Nos.13644/21 & 27398/22 1
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA,
1946
WP(C) NO.13644 OF 2021
PETITIONERS:
KRISHNAN.P,
AGED 51 YEARS,
S/O.TRIVIKRAMAN NAMBOOTHIRI, H.S.S.T (BOTANY),
HIMAYATHUL ISLAM HIGHER SECONDARY SCHOOL, SILK
STREET, KOZHIKODE.
BY ADV.P.JAYARAM
RESPONDENTS:
1 STATE OF KERALA,
REPRESENTED BY ITS SECRETARY DEPARTMENT OF
GENERAL EDUCATION, THIRUVANANTHAPURAM-695 001.
2 DIRECTOR,
DEPARTMENT OF GENERAL EDUCATION,
THIRUVANANTHAPURAM-695 001.
3 THE REGIONAL DEPUTY DIRECTOR,
HIGHER SECONDARY EDUCATION,
KOZHIKODE-673 001, [email protected]
4 THE MANAGER,
HIMAYATHUL ISLAM HIGHER SECONDARY SCHOOL,
2024:KER:85023
WPC.Nos.13644/21 & 27398/22 2
SILK STREET, KOZHIKODE-673 001,
[email protected]
BY ADVS.
ADVOCATE GENERAL OFFICE KERALA
R.K.MURALEEDHARAN
Adv.Venugopal.V, G.P
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2024, ALONG WITH WP(C).27398/2022, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85023
WPC.Nos.13644/21 & 27398/22 3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE ZIYAD RAHMAN A.A.
THURSDAY, THE 14TH DAY OF NOVEMBER 2024 / 23RD KARTHIKA,
1946
WP(C) NO. 27398 OF 2022
PETITIONER
MANAGER,
HIMAYATHUL ISLAM HIGHER SECONDARY SCHOOL,
SILK STREET, KOZHIKODE DISTRICT - 673 001.
BY ADV.R.K.MURALEEDHARAN
RESPONDENTS:
1 THE DIRECTOR OF GENERAL EDUCATION,
(HIGHER SECONDARY SECTION), HOUSING BOARD
BUILDING, SANTHINAGAR, THYCAUD,
THIRUVANANTHAPURAM- 695 001.
2 THE REGIONAL DEPUTY DIRECTOR OF HIGHER SECONDARY
EDUCATION, KOZHIKODE,
KOZHIKODE DISTRICT -673 001.
3 KRISHNAN P,
HSST (BOTANY), (UNDER SUSPENSION),
HIMAYATHUL ISLAM HIGHER SECONDARY SCHOOL,
PULLANGOTTILLAM HOUSE, PAIGOTTUPURAM, PERINGALAM
P.O, KOZHIKODE DISTRICT - 673 571.
2024:KER:85023
WPC.Nos.13644/21 & 27398/22 4
BY ADV P.JAYARAM
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 14.11.2024, ALONG WITH WP(C).13644/2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
2024:KER:85023
WPC.Nos.13644/21 & 27398/22 5
JUDGMENT
[WP(C).Nos.13644/2021, 27398/2022]
Both these writ petitions pertains to the disciplinary
proceedings initiated against the petitioner in W.P.(C).No.13644
of 2021, who was a teacher (HSST) in the school managed by
the petitioner in W.P.(C).No.27398 of 2024. The allegation
raised against the teacher includes sexual assault on a minor
girl, and three crimes were registered against the petitioner in
respect of sexual assaults against minor students of the school.
Ext.P5 series in W.P.(C).No.27398 of 2022 are the FIRs
registered against the petitioner.
2. On the basis of the same, a charge memo has been
issued against the petitioner by the Manager and Ext.P10
enquiry report was submitted by the 2 nd respondent, Regional
Deputy Director, in W.P.(C).No.27398 of 2022. As per the same,
the petitioner was found not guilty of any of the charges.
Therefore, he was directed to be reinstated in service.
3. Challenging the said order, the Manager submitted
W.P.(C).No.27398 of 2022. As far as W.P.(C).No.13644 of 2021 is
2024:KER:85023
concerned, which is the writ petition submitted by the teacher
challenging Ext.P8 memo of charges, Ext.P11 order passed by
the Director of General Education conforming the order of
suspension and Ext.P18 order passed by the Manager by which
the suspension was ordered to be continued declining the
reinstatement sought by the petitioner.
4. Both these writ petitions were admitted by this Court
and in W.P.(C).No.27398 of 2022, an interim order was passed
staying further proceedings pursuant to Ext.P10, the enquiry
report submitted by the Regional Deputy Director. These writ
petitions are being considered in the said factual background.
Counter affidavits are filed by the respondents in both these
writ petitions.
5. Heard Sri.R.K.Muralidharan, learned counsel for the
petitioner in W.P.(C).No.27398 of 2022, Sri.P.Jayaram, learned
counsel for the petitioner in W.P.(C).No.13644 of 2021 and
Sri.V.Venugopal, learned Government Pleader for the State.
6. As observed above, in both these writ petitions issues
are pertaining to the disciplinary proceedings initiated against
2024:KER:85023
the petitioner. It is discernible from the records that, even
though three crimes were registered against the petitioner
alleging offences under POCSO Act, all the trials pertaining to
the said offences resulted in acquittal by the competent courts
as evidenced by Exts.P12 to P14. The challenge raised by the
Manager in W.P.(C).No.27398 of 2022, which is against Ext.P10
therein is that, even though the teacher was found not guilty of
the charges, there is no discussion or finding with reference to
each of the charges framed as per the charge memo. The
learned counsel for the Manager places reliance upon the Rule
75(9)(vi) of Chapter XIV A of the Kerala Education Rules, which
insists for a report setting out findings on each charges and
reasons thereof. The challenge raised by the manager is against
Ext.P10 order, mainly against the non-compliance of the said
mandatory stipulations as per the provisions referred to above.
7. On going through Ext.P10 enquiry report, it is seen
that the said requirement has not been complied and apart from
a general discussion, no findings of each and every charges with
supporting reasons are not mentioned therein. Therefore,
2024:KER:85023
Ext.P10 report is not in tune with the statutory stipulations
contemplated under Sub-Rule 9(vi) of Rule 75 of Chapter XIV A
KER. Besides, now there is a change in circumstances in view
of the fact that the petitioner has been acquitted of all the
charges in the criminal proceedings as well.
8. In such circumstances, I am of the view that, the
matter has to be reconsidered by the RDD and he shall pass
appropriate orders, on the basis of the materials already
collected during the process of enquiry ,by answering each and
every the charges against the petitioner in the memo of
charges, along with reasons supporting the same. It is also
directed that, while reconsidering the same, the judgments
rendered by the courts concerned which are produced as
Exts.P12 to P14 in W.P.(C).No.13644 of 2021 shall also be taken
into account. However, considering the fact that the petitioner
stands acquitted in all the criminal cases and also that he is
kept out of service from 2019 onwards, it is only proper that the
petitioner be reinstated in service without prejudice to the
pending enquiry.
2024:KER:85023
Therefore, these writ petitions are disposed of directing
the 2nd respondent in W.P.(C).No.27398 of 2022, the RDD, to
reconsider the materials placed on record as part of enquiry and
submit a fresh report after hearing the petitioners in these writ
petitions, by taking into account, Exts.P12 to P14 judgments
produced in WP(C).No.13644/2021, rendered by the criminal
courts concerned. The said exercise shall be completed within a
period of two months from the date of receipt of a copy of this
judgment and thereupon enquiry report shall be forwarded to
the Manager. On receipt of enquiry report the manager shall
complete the disciplinary proceedings within one month from
the date of receipt of the same. In the meantime, the Manager
shall reinstate the petitioner forthwith, without prejudice to the
enquiry to be completed as ordered above.
Sd/-
ZIYAD RAHMAN A.A.
JUDGE
DG/15.11.24
2024:KER:85023
APPENDIX OF WP(C) 27398/2022
PETITIONER EXHIBITS
Exhibit P1 A TRUE COPY OF THE ORDER OF SUSPENSION
NO. D.A 01/2019 TO THE 3RD RESPONDENT
DATED 28.10.2019
Exhibit P2 A TRUE COPY OF THE ORDER NO.
A5/9353/2019 OF THE 2ND RESPONDENT DATED
07.11.2019
Exhibit P3 A TRUE COPY OF THE MEMO OF CHARGES DATED
14.03.2020 ALONG WITH STATEMENT OF
ALLEGATIONS TO THE 3RD RESPONDENT
Exhibit P4 A TRUE COPY OF THE EXPLANATION SUBMITTED
BY THE 3RD RESPONDENT DATED 30.03.2020
Exhibit P5 TRUE COPY OF THE FIR AGAINST THE
PETITIONER IN CRIME NO. 616/2019 DATED
24.10.2019 OF KOZHIKODE TOWN POLICE
STATION
Exhibit P5A TRUE COPY OF THE FIR AGAINST THE
PETITIONER IN CRIME NO. 681/2019 DATED
24.11.2019 OF KOZHIKODE TOWN POLICE
STATION
Exhibit P5B TRUE COPY OF THE FIR AGAINST THE
PETITIONER IN CRIME NO. 660/2019 DATED
12.11.2019 OF KOZHIKODE TOWN POLICE
STATION
Exhibit P6 TRUE COPY OF THE CHARGE MEMO DATED
16.09.2020 ALONG WITH STATEMENT OF
ALLEGATION
Exhibit P7 A TRUE COPY OF THE ORDER NO.
ADC.B1/173575/ 2020/HSE DATED 08.04.2021
2024:KER:85023
ISSUED BY THE 1ST RESPONDENT
Exhibit P8 A TRUE COPY OF THE ORDER NO.
A5/9323/2019 DATED 10.08.2021 OF THE 1ST
RESPONDENT
Exhibit P9 A TRUE COPY OF THE ORDER OF THIS HON'BLE
COURT DATED 07.03.2022 IN WP(C) NO.
Exhibit P10 A TRUE COPY OF THE FORMAL ENQUIRY REPORT
ISSUED BY THE 1ST RESPONDENT DATED
20.05.2022
Exhibit P11 A TRUE COPY OF THE STATEMENT SUBMITTED
BY THE PETITIONER DATED 05.08.2021
Exhibit P12 TRUE COPY OF THE STAFF LIST AS ON
01/06/2022
RESPONDENT EXHIBITS
Exhibit R3(A) TRUE COPY OF THE JUDGMENT DATED
22/09/2022 IN S.C 917/2020 ON THE FILES
OF THE FAST TRACK SPECIAL COURT,
KOZHIKODE
2024:KER:85023
APPENDIX OF WP(C) 13644/2021
PETITIONER EXHIBITS
Exhibit P12 A TRUE COPY OF THE JUDGMENT DATED
11/05/2023 IN S.C.NO. 669/2020 ON THE
FILES OF THE COURT OF SESSIONS, FAST
TRACK SPECIAL COURT, KOZHIKODE
Exhibit P13 A TRUE COPY OF THE JUDGMENT DATED
22/09/2022 IN S.C.NO. 917/2020 ON THE
FILES OF COURT OF SESSION FAST TRACK
SPECIAL COURT, KOZHIKODE
Exhibit P14 A TRUE COPY OF THE JUDGMENT DATED
13/03/2024 IN S.C. NO.761/2021 ON THE
FILES OF ADDITIONAL DISTRICT AND
SESSIONS JUDGE FOR THE TRIAL OF CASES
RELATING TO ATROCITIES AND SEXUAL
VIOLENCE TOWARDS WOMEN AND CHILDREN,
KOZHIKODE
Exhibit P15 TRUE COPY OF THE APPLICATION DATED
15/04/2024 FILED BY THE PETITIONER
BEFORE THE 4TH RESPONDENT REQUESTING
REINSTATEMENT IN SERVICE
Exhibit P16 TRUE COPY OF THE APPLICATION DATED
15/04/2024 FILED BY THE PETITIONER
BEFORE THE 3RD RESPONDENT REQUESTING
REINSTATEMENT IN SERVICE
Exhibit P17 TRUE COPY OF THE APPLICATION DATED
15/04/2024 FILED BY THE PETITIONER
BEFORE THE 2ND RESPONDENT REQUESTING
REINSTATEMENT IN SERVICE
Exhibit P18 TRUE COPY OF THE ORDER NO.
01/2019/MANAGER DATED 25/04/2024 ISSUED
BY THE 4TH RESPONDENT, THE MANAGER,
2024:KER:85023
REJECTING THE PETITIONER'S APPLICATION
FOR REINSTATEMENT IN SERVICE
Exhibit P19 A TRUE COPY OF THE LETTER DATED
09/01/2020 ISSUED BY 4TH RESPONDENT
HEREIN TO NABEEL AHAMMED, OLD STUDENT,
HIMAYATHUL ISLAM H.S.S.
Exhibit P20 TRUE COPY OF THE ENQUIRY REPORT DATED
20/05/2022 ISSUED BY THE 3RD RESPONDENT
Exhibit P10 A TRUE COPY OF THE JUDGMENT DATED
14.12.2020 IN WPC NO.27721 OF 2020, HIGH
COURT OF KERALA
Exhibit P1 TRUE COPY OF THE SUSPENSION ORDER
NO.D.A.01/2019 DATED 28.10.2019 ISSUED
BY THE 4TH RESPONDENT/ MANAGER SPENDING
THE PETITIONER FORM HIMAYATHIL ISLAM
HIGHER SECONDARY SCHOOL, KOZHIKODE
Exhibit P11 TRUE COPY OF THE ORDER
NO.ACD.B1/173575/202 HSE DATED
08.04.2021 ISSUED BY THE JOINT DIRECTOR
(ACADEMIC) HIGHER SECONDARY EDUCATION,
THIRUVANANTHAPURAM, DIRECTING THE
REGIONAL DEPUTY DIRECTOR TO HOLD ENQUIRY
UNDER RULE 75 CHAPTER XIV-A, KER AS PART
OF REVIEWING THE DISCIPLINARY ACTION
Exhibit P2 TRUE COPY OF THE ORDER NO.A5/9323/19
DATED 07.11.2019 ISSUED BY THE 3RD
RESPONDENT/ REGIONAL DEPUTY DIRECTOR OF
HIGHER SECONDARY EDUCATION PERMITTING
THE PETITIONER'S SUSPENSION TO BE
EXTENDED BEYOND 15 DAYS
Exhibit P3 TRUE COPY OF THE CHARGE MEMO ALONG WITH
STATEMENT OF ALLEGATIONS DATED
14.03.2020 ISSUED BY THE 4TH RESPONDENT/
MANAGER TO THE PETITIONER
2024:KER:85023
Exhibit P4 TRUE COPY OF THE REPLY DATED 30.03.2020
SUBMITTED BY THE PETITIONER TO THE
CHARGE MEMO DATED 14.03.2020
Exhibit P5 TRUE COPY OF THE ORDER DATED 09.12.2019
IN B.A.NO.8282 OF 2019 HIGH COURT OF
KERALA
Exhibit P6 TRUE COPY OF THE ORDER DATED 30.01.2020
IN B.A.NO.279 OF 2020, HIGH COURT OF
KERALA
Exhibit P7 TRUE COPY OF THE ORDER DATED 30.01.2020
IN B.A.NO.283 OF 2020, HIGH COURT OF
KERALA
Exhibit P8 TRUE COPY OF THE CHARGE MEMO WITH
STATEMENT OF ALLEGATION
NO.ACDB1/173575/2020/HSE DATED
16.09.2020
Exhibit P9 A TRUE COPY OF THE REPLY DATED
09.10.2020 SENT BY THE PETITIONER TO
EXHIBIT 8 CHARGE MEMO
