Kerala High Court
Manager-Hussain.K.P vs State Of Kerala on 7 March, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:19440
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
WP(C) NO. 5794 OF 2025
PETITIONER:
SHAJAN GEORGE
AGED 54 YEARS
S/O V.C. GEORGE,
HSST (ECONOMICS) KM HSS, KUTTOOR NORTH,
AR NAGAR, MALAPPURAM DISTRICT-676 305.
(RESIDING AT ENNAMPRAYIL HOUSE,
ULIKKAL P.O., KANNUR DISTRICT), PIN - 670705
BY ADVS.
DR.GEORGE ABRAHAM K
MARY CATHERINE PRIYANKA P.S.(K/319/2015)
ALEX TOM JOSEPH(K/001568/2024)
RESPONDENTS:
1 THE STATE OF KERALA
REPRESENTED BY ITS PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION
HIGHER SECONDARY WING, NEW BUILDING,
ULLOOR, JAGATHY, THIRUVANANTHAPURAM,
PIN - 695014
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WP(C) Nos.5794 and 8527 of 2025
2
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION,
B2B BLOCK, MINI CIVIL STATION ROAD,
UPHILL, MALAPPURAM DISTRICT, PIN - 676505
4 THE MANAGER
KM HSS, KUTTOOR NORTH, AR NAGAR,
MALAPPURAM DISTRICT, PIN - 676305
5 SMT.ELIZEBATH NANIAN
PRINCIPAL-IN-CHARGE KM HSS, KUTTOOR NORTH,
AR NAGAR, MALAPPURAM DISTRICT, PIN - 676305
BY ADVS.
MUHAMOOD T.T
A.RENJIT(K/000571/1992)
GOKUL R.NAIR(K/900/2007)
ANSALAM N.X.(K/001940/2023)
VENUGOPAL C.(K/000257/1995)
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.03.2025, ALONG WITH WP(C).8527/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) Nos.5794 and 8527 of 2025
3
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 7TH DAY OF MARCH 2025 / 16TH PHALGUNA, 1946
WP(C) NO. 8527 OF 2025
PETITIONER:
MANAGER-HUSSAIN.K.P
AGED 72 YEARS
S/O MOIDEENKUTTY HAJI, KM HSS,
KUTTOOR NORTH, AR NAGAR,
MALAPPURAM DISTRICT, PIN - 676305
BY ADVS.
T.T.MUHAMOOD
A.RENJIT
GOKUL R.NAIR
ANSALAM N.X.
VENUGOPAL C.
RESPONDENTS:
1 STATE OF KERALA
REPRESENTED BY THE PRINCIPAL SECRETARY TO
GOVERNMENT, GENERAL EDUCATION DEPARTMENT,
SECRETARIAT ANNEXE II,
THIRUVANANTHAPURAM, PIN - 695001
2 THE DIRECTOR OF GENERAL EDUCATION,
DIRECTORATE OF GENERAL EDUCATION
(HIGHER SECONDARY WING) JAGATHY,
THIRUVANANTHAPURAM, PIN - 695014
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WP(C) Nos.5794 and 8527 of 2025
4
3 THE REGIONAL DEPUTY DIRECTOR OF HIGHER
SECONDARY EDUCATION,
B2B BLOCK, MINI CIVIL STATION ROAD, UPHILL,
MALAPPURAM, PIN - 676505
4 SHAJAN GEORGE,
AGED 54 YEARS
S/O V.C. GEORGE, HSST (ECONOMICS)
(UNDER SUSPENSION) KM HSS, KUTTOOR NORTH,
AR NAGAR, MALAPPURAM DISTRICT-676 305.
(RESIDING AT ENNAMPRAYIL HOUSE, ULIKKAL P.O.,
KANNUR DISTRICT), PIN - 676305
BY ADV.
SRI. TONY AUGUSTINE, GOVERNMENT PLEADER
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 07.03.2025, ALONG WITH WP(C).5794/2025, THE COURT ON
THE SAME DAY DELIVERED THE FOLLOWING:
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WP(C) Nos.5794 and 8527 of 2025
5
JUDGMENT
Dated this the 7th day of March, 2025
[W.P.(C) Nos.5794 and 8527 of 2025]
The petitioner in W.P.(C) No.5794/2025 is the
Principal of KM HSS, Kuttoor North, AR Nagar, Malappuram
District. The petitioner is before this Court seeking to declare
that he is entitled to get reinstatement in service as there is no
sanction for continued suspension beyond the period of 15
days.
2. W.P.(C) No.8527/2025 has been filed by the
4th respondent-Manager in W.P.(C) No.5794/2025 seeking to
direct respondents 1 to 3 to issue order, granting permission
to the Manager to extend the period of suspension of the
petitioner. The parties and exhibits are referred to in this
judgment as they are arrayed in / marked in W.P.(C)
No.5794/2025, for conveniece.
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3. The petitioner in W.P.(C) No.5794/2025
submits that while working as HSST in the School, he was
promoted as Principal on 03.06.2024. The petitioner submits
that to take vengeance on the petitioner, the new Manager
played a trick and the petitioner was suspended from service
pending enquiry, as per Ext.P4 order dated 20.01.2025. The
suspension has not been approved by any of the Educational
Authorities. No extension was granted for enlargement of the
time of suspension. However, the petitioner is continued to be
put under suspension without having any disciplinary
proceedings. The continued suspension of the petitioner is
highly arbitrary and illegal. In the facts of the case, this Court
has to interfere in the matter and pass appropriate orders
directing reinstatement, contends the petitioner.
4. The 4th respondent-Manager in W.P.(C)
No.8527/2025 submitted that after assuming the post of
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Principal, a number of complaints were received from the
Student Community, the Parent Teacher Association as well
as from the teaching staff, against the petitioner. The
complaints alleged that the petitioner is not attending the
classes regularly or taking classes properly. Therefore, taking
into account the seriousness of the allegations and after
conducting a preliminary enquiry, the petitioner was placed
under suspension, as per order dated 20.01.2025.
5. The 4th respondent-Manager submitted that
the suspension of the petitioner is pending enquiry. The
matter was communicated to the Educational Authority.
However, the 3rd respondent-Regional Deputy Director of
Higher Secondary Education did not enlarge the suspension
period nor have taken any steps for conducting enquiry, on
the ground that the power of the RDD for enlargement of
period of suspension is doubtful. Unless the Government
gives necessary clarification, it would not be possible for the
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WP(C) Nos.5794 and 8527 of 2025
3rd respondent to extend the period of suspension.
6. The 4th respondent-Manager would submit
that the conduct of the petitioner in not taking classes, has
adversely affected the School. Exts.P1 and P2 in W.P.(C)
No.8527/2025 are the complaints preferred by the students in
the School, which indicate that the petitioner is not satisfied in
taking classes to the students. If the petitioner is reinstated in
service without completing the enquiry, it would cause
difficulties to the students and the reputation of the School as
a whole.
7. I have heard the learned counsel for the
petitioner, the learned counsel appearing for the
4th respondent-Manager. I have also heard the learned
Government Pleader representing the official respondents.
8. Ext.P1 in W.P.(C) No.8527/2025 would
indicate that the students of the 12 th Standard studying in the
School have made a complaint that the petitioner has not
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started taking classes even till 27.08.2024. Ext.P2 would
indicate that the classes were not taken for Plus One
Humanities Batch students also. It is in such circumstances
that the petitioner was put under suspension.
9. From the pleadings in W.P.(C)
No.8527/2025, it is evident that the petitioner in W.P.(C)
No.5794/2025 has served Ext.P11 charge sheet. Rule 67 of
Chapter XIVA of KER deals with suspension of staff in the
Aided Schools. Sub-rule (8) of Rule 67 reads as follows:
(8) Where the orders of suspension is made by
the manager he shall on the same day report the
matter together with reasons for the suspension to
the Educational Officer and where the suspension
is in respect of Headmaster of Secondary school
and Training school such reports shall be sent to
the Deputy Director (Education) also in addition to
the Educational Officer. The Deputy Director
(Education) if the suspension is in respect of
Headmaster of a Secondary school or Training
School and the Educational Officer in other cases
shall thereupon make a preliminary investigation
into the grounds of suspension. If on such
investigations the authority is satisfied that there
was no valid ground for the suspension he may
direct the manager to reinstate the teacher with
effect from the date of suspension and thereupon
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the teacher shall forthwith be reinstated by the
manager. If the teacher is not actually reinstated
the teacher shall be deemed to have been on
duty. It shall then be open to the Department to
disburse the pay and allowances to the teacher
as if he were not suspended and recover the
amount so disbursed from the manager. If on
such investigation it is found that there are valid
grounds for such suspension, permission may be
given to the manger to place the teacher under
suspension beyond 15 days if necessary. The
authority mentioned above shall pass orders
permitting the suspension or otherwise within said
15 days]
It is evident from Sub-rule (8) that the authority competent to
grant extension of suspension is the authority empowered by
the Government. The contention of the 3 rd respondent is that
there is no clarity in the matter of the authority of RDD.
10. Considering the facts of the case and
considering the fact that the petitioner has been under
suspension since 20.01.2025, I am of the considered view
that a decision shall be taken on extension of suspension of
the petitioner forthwith and disciplinary proceedings shall be
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concluded, if warranted, expeditiously.
The writ petitions are accordingly disposed of
directing the 3rd respondent to convene a meeting involving
the petitioner and the 4th respondent-Manager, within a period
of one week to take decision on extension of suspension and
enquiry proceedings. Orders in the matter of suspension shall
be passed within a period of 10 days. If warranted, the
enquiry proceedings against the petitioner shall be concluded
as expeditiously as possible and at any rate, within a period of
three months.
Sd/-
N.NAGARESH
JUDGE
spk
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APPENDIX OF WP(C) 5794/2025
PETITIONER EXHIBITS
Exhibit P-1 TRUE COPY OF THE APPOINTMENT ORDER OF
THE PETITIONER DATED 03.06.2024
Exhibit P-2 TRUE COPY OF THE LETTER OF THE MANAGER
ADDRESSING THE REGIONAL DEPUTY
DIRECTOR, MALAPPURAM DATED 11.10.2024
Exhibit P-3 TRUE COPY OF THE JUDGMENT IN
W.P.C.NO.44630/2024 DATED 16.12.2024
Exhibit P-4 TRUE COPY OF THE SUSPENSION ORDER VIDE
NO.D/03/2024-25 DATED 20.01.2025
Exhibit P-5 TRUE COPY OF THE JUDGMENT IN
W.A.NO.1671/2018 DATED 13.08.2018
RESPONDENT EXHIBITS
Exhibit R4(a) TRUE COPY OF THE COMPLAINT DATED
27.08.2024 RECEIVED FROM THE PLUS TWO
STUDENTS OF HUMANITIES BATCH
Exhibit R4(b) TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PLUS ONE STUDENTS ON 30.08.2024
Exhibit R4(c) TRUE COPY OF THE LETTER SENT BY THE
MANAGER TO THE PRINCIPAL OF SCHOOL ON
11.09.2024
Exhibit R4(d) TRUE COPY OF THE MINUTES OF THE
MEETING HELD ON 04.10.2024
Exhibit R4(e) TRUE COPY OF THE MINUTES OF MEETING OF
THE PTA EXECUTIVE DATED 25.10.2024
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Exhibit R4(f) TRUE COPY OF THE LETTER DATED
28.10.2024 SENT BY THE PTA EXECUTIVE
TO THE HON'BLE MINISTER FOR EDUCATION
Exhibit R4(g) TRUE COPY OF THE REPORT SUBMITTED BY
THE 5TH RESPONDENT TO THIS RESPONDENT
ON 28.10.2024
Exhibit R4(h) TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED TO THE PETITIONER ON 10.01.2025
Exhibit R4(i) TRUE COPY OF THE CHARGE MEMO AND
STATEMENT OF ALLEGATIONS ISSUED TO THE
PETITIONER ON 01.02.2025
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APPENDIX OF WP(C) 8527/2025
PETITIONER EXHIBITS
Exhibit P1 TRUE COPY OF THE COMPLAINT DATED
27.08.2024 RECEIVED FROM THE PLUS TWO
STUDENTS OF HUMANITIES BATCH
Exhibit P2 TRUE COPY OF THE COMPLAINT SUBMITTED
BY THE PLUS ONE STUDENTS ON 30.08.2024
Exhibit P3 TRUE COPY OF THE MINUTES OF THE
MEETING HELD ON 04.10.2024
Exhibit P4 TRUE COPY OF THE MINUTES OF MEETING OF
THE PTA EXECUTIVE DATED 25.10.2024
Exhibit P5 TRUE COPY OF THE LETTER DATED
28.10.2024 SENT BY THE PTA EXECUTIVE
TO THE HON'BLE MINISTER FOR EDUCATION
Exhibit P6 TRUE COPY OF THE LETTER SUBMITTED BY
THE PRINCIPAL IN CHARGE TO THE
PETITIONER ON 28.10.2024
Exhibit P7 TRUE COPY OF THE SHOW CAUSE NOTICE
ISSUED TO THE 4TH RESPONDENT ON
10.01.2025
Exhibit P8 TRUE COPY OF THE ORDER NO.D/03/2024-25
DATED 20.01.2025 ISSUED BY THE
PETITIONER, PLACING THE PETITIONER
UNDER SUSPENSION W.E.F 20.01.2025
Exhibit P9 TRUE COPY OF THE LR. DATED 20.01.2025
SENT BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P10 TRUE COPY OF LETTER DATED 22.01.2025
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SENT BY THE PETITIONER TO THE 3RD
RESPONDENT
Exhibit P11 TRUE COPY OF THE CHARGE MEMO AND
STATEMENT OF ALLEGATIONS ISSUED TO THE
4TH RESPONDENT ON 01.02.2025
Exhibit P12 TRUE COPY OF SRO NO. 433/2019 DATED
30.06.2019
