K.G. Viswanathan Nair v. State of Kerala and others

## **`IN THE HIGH COURT OF KERALA AT ERNAKULAM`** ## **`PRESENT`** ## **`THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN TUESDAY, THE 5[TH] DAY OF MARCH 2024 / 15TH PHALGUNA, 1945 WP(C) NO. 15085 OF 2014`** ## **`PETITIONER:`** ``` K.G.VISWANATHAN NAIR AGED 73 YEARS ``` ``` MANAGER, MANNAR NAIR SAMAJAM EDUCATION INSTITUTIONS, RESIDING AT RADHALAYAM, KURATTISSERI MURI, KURATTISSERI VILLAGE, MANNAR, ALAPPUZHA. BY ADVS. SRI.R.RAJASEKHARAN PILLAI SMT.SABINA JAYAN ``` ## **`RESPONDENTS:`** - **`1 THE STATE OF KERALA REPRESENTED BY THE CHIEF SECRETARY, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM -695 001.`** - **`2 THE DIRECTOR OF PUBLIC INSTRUCTIONS THIRUVANANTHAPURAM 695 001.`** - **`3 THE DEPUTY DIRECTOR OF EDUCATION ALAPPUZHA - 680 001.`** - **`4 THE DISTRICT EDUCATIONAL OFFICER MAVELIKARA, ALAPPUZHA - 680 001.`** - **`ADDL.R5 NAIR SAMAJAM EDUCATIONAL TRUST REPRESENTED BY ITS PRESIDENT, NAIR SAMAJAM SATHABDHI BUILDING, MANNAR.P.O.689622, ALAPPUZHA.`** ``` ADDITIONAL R5 IS IMPLEADED AS PER ORDER DATED 18.6.14 IN IA 7851/14 BY ADV SRI.K.SASIKUMAR SRI BIJOY CHANDRAN, SR GP ``` ## **`THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION`** ``` ON 05.03.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ``` WP(C).No.15085/2014 **2** ## **P.V.KUNHIKRISHNAN, J. -------------------------------W.P.(C).No.15085 of 2014** **---------------------------------------------Dated this the 05[th] day of March, 2024** ## **JUDGMENT** This writ petition is filed with following prayers: - i. Issue a writ of certiorari or other appropriate writ order or direction quashing Ext.P19 as arbitrary, illegal, without jurisdiction and is tainted with malafide and unconstitutional. - ii. Issue such other order or direction as this Hon'ble Court may deem, fit and proper to meet the ends of justice. - iii. Award costs to the petitioner. ## (SIC) ## 2. When this writ petition came up for consideration on 18.06.2014, this Court passed the following order. “Heard Sri.R.Rajasekharan Pillai, learned counsel appearing for the petitioner, Smt.A.Lowsy, learned Government Pleader appearing for respondents 1 to 4, and Smt.Ligy Antony, learned counsel appearing for the additional fifth respondent on the interim relief prayed for. 2. The petitioner herein is the Manager of Mannar Nair Samajam High School. In this writ WP(C).No.15085/2014 **3** petition, he challenges Ext.P19 order dated 7.6.2014 issued by the Deputy Director of Education, Alappuzha whereby he directed removal of the petitioner from the post of Manager and gave charge of the Manager to the District Educational Officer, Mavelikkara. Such an order was issued in the wake of an investigation being conducted by the Vigilance and Anti Corruption Bureau into a complaint filed against the petitioner. The petitioner challenges Ext.P19 on various grounds. One of the contentions raised is that even assuming that the petitioner is liable to be removed from the office of Manager, the educational agency should have been given the option to nominate another person as the Manager and therefore, the direction in Ext.P19 order to hand over charge of the Manager to the District Educational Officer is liable to be stayed. Referring to the decision of a learned single Judge of this Court in Leslie Biveira v. State of Kerala (2007 (4) KLT 486) more particularly the observations in paragraph 6 thereof, the learned counsel appearing for the petitioner contended that even if the impugned order is treated as an order of suspension temporarily keeping the petitioner away form the office of the Manager, the Deputy Director of Education should have directed the educational agency to appoint another suitable person as the Manager and seek approval of appointment of such other person as the Manager of the school. Instead, WP(C).No.15085/2014 **4** he appointed the District Educational Officer to discharge the functions of the Manager. Inviting my attention to Ext.R5A produced along with I.A.No.7851 of 2014, learned counsel appearing for the petitioner contended that the Managing Committee of the Nair Samajam Educational Trust, Mannar, which met on 15.6.2014 has appointed Sri.K.G.Ajithkumar as temporary Manager and therefore the impugned order to the extent it directs handing over charge of the Manager to the District Educational Officer may be stayed and a further direction may be issued to the District Educational Officer, Mavelikkara to approve the appointment of Sri.K.G.Ajithkumar as temporary Manager. Smt.Ligy Antony, learned counsel appearing for the additional fifth respondent supported the said submission. 3. Smt.A.Lowsy, learned Government Pleader appearing for the official respondents however submitted that pursuant to the impugned order, the Assistant Educational Officer, Kayamkulam who is holding the additional charge of District Educational Officer, Mavelikkara has assumed charge of the Manager, consequently there is no vacuum in the office of Manager and therefore, there is no reason why an order of stay is required to be passed. Referring to the decision of a learned single Judge of this Court in Leslie Biveira v. State of Kerala (supra) the learned Government Pleader WP(C).No.15085/2014 **5** submitted that this Court has upheld the power of the department to place the Manager under suspension, and that Ext.P19 order can be treated as an order of suspension and it cannot therefore be said that it suffers from any infirmity. 4. I have considered the submissions made at the Bar by the learned counsel on either side. I have also gone through the pleadings and the materials on record. Ext.P19 discloses that it was issued pursuant to the registration of a crime against the petitioner and its Investigation by the Vigilance and Anti Corruption Bureau. Tested in the light of the principles laid down by this Court in Leslie Biveira v. State of Kerala (supra) it is possible for the respondents to contend that Ext.P19 is only an order of suspension and not an order of permanent disqualification. However this Court had while upholding the power of the department to place the Manager under suspension noticed that the order placing the Manager under suspension would enable the educational agency to appoint another suitable person as Manager in the Interregnum subject to approval by the statutory authority. In the instant case, the official respondents did not adopt such a course. The Deputy Director of Education has by the impugned order placed the petitioner under suspension and directed the District Educational Officer, Mavelikkara to take over charge of the Manager of WP(C).No.15085/2014 **6** the school. He should have in my opinion, after placing the petitioner under suspension, directed the educational agency to appoint another suitable person as the Manager and seek approval of that appointment. The records disclose that the educational agency has after the impugned order was passed, taken a unanimous decision on 15.6.2014 and appointed Sri.K.G.Ajithkumar as temporary Manager. In such circumstances, I am of the opinion that in the event of the educational agency submitting proposal to approve the appointment of Sri.K.G.Ajithkumar as Manager, the District Educational Officer, Mavelikkara or the officer-incharge of the District Educational Officer, Mavelikkara, shall if the appointment is otherwise in order, approve the said appointment and handover charge of the Manager of the school to Sri.K.G.Ajithkumar. Orders in that regard shall be passed within three days from the date on which the educational agency produces a copy of this order before the District Educational Officer, Mavelikkara or the officer holding charge of the District Educational Officer, Mavelikkara.” In the light of the above order, no further order is necessary. WP(C).No.15085/2014 **7** Therefore, this writ petition is closed recording the order dated 18.06.2014. sd/- **P.V.KUNHIKRISHNAN JUDGE** JV WP(C).No.15085/2014 **8** ## **`APPENDIX OF WP(C) 15085/2014`** ## **`PETITIONER EXHIBITS`** ``` EXT.P1: TRUE COPY OF THE BYLAW OF THE NAIR SAMAJAM HIGH & TRAINING SCHOOLS MANNAR. ``` ``` EXT.P2: TRUE COPY OF THE RELEVANT EXTRACT OF THE APPROVAL OF THE GENERAL COMMITTEE. ``` ``` EXT.P3: TRUE COPY OF THE APPROVAL OF THE MANAGING COMMITTEE DATED 10/3/2007. EXT.P4: TRUE COPY OF THE SALE DEED DATED 15/3/2007. ``` ``` EXT.P5: TRUE COPY OF THE COMPLAINT DATED 5/6/2013 SUBMITTED BY SOMANATHA PILLAI K N BEFORE THE GOVT. ``` ``` EXT.P6: TRUE COPY OF THE COMMUNICATION DATED 23/12/2009 FROM THE DEO MAVELIKARA TO THE DIRECTOR EDUCATION, TRIVANDRUM. ``` ``` EXT.P7: TRUE COPY OF THE LETTER DATED 11/8/2009 FROM THE AEO TO THE DIRECTOR OF EDUCATION, TRIVANDRUM. ``` ``` EXT.P8: TRUE COPY OF THE LETTED DATED 27/2/2010 FROM THE DIRECTOR OF EDUCATION TO THE AEO ALAPPUZHA. ``` ``` EXT.P9: TRUE COPY OF THE ORDER DATED 5/11/2012 IN CRL.M.P.NO.1198/2012 OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOTTAYAM. ``` ``` EXT.P10: TRUE COPY OF THE ORDER DATED 16/3/2013 IN CRL.M.P NO.1198/2012 OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOTTAYAM. ``` ``` EXT.P11: TRUE COPY OF THE QUICK VERIFICATION REPORT DATED 20/11/2013 OF THE VIGILANCE AND ANTI CORRUPTION BUREAU ALAPPUZHA. ``` ``` EXT.P12: TRUE COPY OF THE NOTICE DATED 8/1/2013 FROM THE SUPDT OF POLICE TO ``` WP(C).No.15085/2014 **9** ``` THE PETITIONER AND THE REPLY TO ITS SUBMITTED BY THE PETITIONER ON 10/1/2013. ``` ``` EXT.P13: TRUE COPY OF THE ORDER DATED 5/2/2014 IN CRL.M.P NO.1198/2012 OF THE ENQUIRY COMMISSIONER AND SPECIAL JUDGE, KOTTAYAM. ``` ``` EXT.P14: TRUE COPY OF THE PLAINT IN OS NO.212/2013 FILED BY K.N.SOMANATHA PILLAI BEFORE THE MUNSIFF'S COURT CHENGANNUR. ``` ``` EXT.P15: TRUE COPY OF THE OBJECTION FILED ON 9/12/2013 IN O.S NO.212/2013 BEFORE THE MUNSIFF'S COURT, CHENGANNUR. ``` ``` EXT.P16: TRUE COPY OF THE ORDER DATED 30/5/2014 IN OP(CRL) NO.31/2014 OF THIS HON'BLE COURT. ``` ``` EXT.P17: TRUE COPY OF THE LETTER DATED 2/6/2014 FROM THE 2ND RESPONDENT TO THE PETITIONER. ``` ``` EXT.P18: TRUE COPY OF THE REVISION PETITION DATED 7/6/2014 SUBMITTED BY THE PETITIONER BEFORE THE 2ND RESPONDENT. ``` ``` EXT.P19: TRUE COPY OF THE ORDER NO.B3/9672/2013/DDE/07/06/2014 OF THE 3RD RESPONDENT. ```