High Court of KeralaSingle JudgeW.P.(C) Nos.16025 of 2017-C & 18328 of 2017-M d...

K.S. Shinumol v. State of Kerala and others

Case / Petition Number:WP(C) No. 16025 of 2017 (C) and WP(C) No. 18328 of 2017 (M)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • P. V. Asha
Judgment Date
2017-06-01
Court Decision / Holding
i) Writ Petition No.18328 of 2017 disposed of directing the Deputy Director of Education to conduct a preliminary enquiry on the request of the Manager to grant extension beyond 15 days within 10 days; Exts. P7 and P10 and the Government’s directive to reinstate are quashed. ii) Writ Petition No.16025 of 2017 is dismissed.
Final Disposition
W.P.(C) Nos.16025 of 2017-C & 18328 of 2017-M disposed of: 18328 directed to undergo a preliminary enquiry by the Deputy Director of Education within 10 days; Exts. P7 and P10 and the Government’s reinstatement directive are quashed; 16025 dismissed.

Parties to the Case

Appellants / Petitioners

  • K.S. Shinumol, W/o. Chandrababu, Headmistress (Under Suspension), Viswa Bharathi S.N. Higher Secondary School, Neezhoor, Kaduthuruthy, Kottayam District

Respondents

  • State of Kerala represented by its Secretary to Government, General Education Department, Secretariat, Thiruvananthapuram
  • Director of Public Instructions, Jagathy, Thiruvanantharam
  • Deputy Director of Education, Kaduthuruthy, Kottayam District
  • District Educational Officer, Kaduthuruthy, Kottayam District
  • Manager, Viswa Bharathi S.N. Higher Secondary School, Neezhoor, Kaduthuruthy, Kottayam

Legal Representation & Advocates

Counsels for Petitioners

  • • Sri V.A. Muhammed
  • • Sri M. Sajjad

Counsels for Respondents

  • • Sri Mary Beena Joseph, Senior Government Pleader
  • • Sri N.N. Sugunapalan, Senior Advocate
  • • Adv. Sri S. Sujin

Case Synopsis & Summary

These writ petitions arise from the suspension of the Headmistress of Viswa Bharathi S.N. Higher Secondary School, Neezhoor, Kaduthuruthy, by the Manager. The Headmistress, Shinumol, challenged the suspension order dated 24.04.2017 (for 15 days) on the ground that there was no sanction to extend beyond 15 days and that the Deputy Director of Education had issued an order on 08.05.2017 directing reinstatement, while the Government subsequently directed reinstatement in late May 2017. The Manager in WP(C) No. 18328/2017 contends that there was no preliminary investigation into the grounds of suspension as required by Rule 67(8) of Chapter XIVA, and relies on Kurien v. A.E.O., Kolencherry (1984 KLT 381) and Manager, S.N.V. High School v. State of Kerala (1982 KLT 229). The Headmistress argues that since the 15-day suspension expired, she was entitled to reinstatement and that government directions could not legalize continued suspension. The court notes that the Deputy Director’s extant order purportedly denying extended suspension lacks a prior preliminary investigation, and Rule 67(8) imposes a mandatory preliminary inquiry before extending suspension or reinstatement. Relying on Kurien, the court holds that a preliminary investigation is mandatory and directs a fresh enquiry by the Deputy Director within 10 days, quashing Exts. P7, P10 and the government’s reinstatement directive for this purpose. The petition WP(C) No.16025/2017 is dismissed.

Provisions of Law Cited

Rule 67(8) of Chapter XIVA (Kerala Education Rules)

Submissions & Arguments

Contentions of Appellants / Petitioners

The Headmistress contends that the 15-day suspension had expired and there was no sanction for extending it; the Deputy Director’s 8 May 2017 order directing reinstatement and the Government’s subsequent directives cannot sustain continued suspension. It is argued that Rule 67(8) requires a preliminary investigation before any extension beyond 15 days or reinstatement and that since such an inquiry was not conducted, Ext. P7 is unsustainable and the Headmistress should be reinstated once the 15-day period elapsed. The Headmistress relies on Kurien v. AEO, Kolencherry and Managers, S.N.V. High School v. State of Kerala to support entitlement to reinstatement in absence of valid grounds. Respondents: The Manager contends that a preliminary investigation was not conducted by the Deputy Director and that Rule 67(8) requires such inquiry before extending suspension or reinstatement; Government orders directing reinstatement should be subject to the outcome of a proper inquiry. They rely on existing rules and previous judgments to emphasize the necessity of due process and proper authority before any extension or reinstatement.

Contentions of Respondents

The respondents argue that suspension extensions require a valid preliminary investigation under Rule 67(8); therefore, the Deputy Director’s order should have been preceded by such inquiry. They assert that the Government’s directions to reinstate were issued within the framework of the law and in response to the Manager’s application, but effective continuation of suspension without a preliminary inquiry is untenable. They rely on settled precedents to justify the formal process and to safeguard the teacher’s due process rights.

Cited Precedents (2)

Case NameCitationTreatmentExplanation
Kurien v. A.E.O, Kolencherry1984 KLT 381PositiveCited to support the mandatory nature of a preliminary investigation under Rule 67(8) before a suspension can be extended or reinstated.
Manager, S.N.V. High School v. State of Kerala1982 KLT 229DistinguishedCited as a contrast where a preliminary investigation was conducted; the present case distinguishes on the lack of such inquiry, limiting its applicability.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT:** ## **THE HONOURABLE SMT. JUSTICE P.V.ASHA** **THURSDAY, THE 1ST DAY OF JUNE 2017/11TH JYAISHTA, 1939** ## **WP(C).No. 16025 of 2017 (C)** **----------------------------** ## **PETITIONER :** **---------------------** **K.S.SHINUMOL, W/O. CHANDRA BABU, AGED 49 YEARS, HEADMISTRESS (UNDER SUSPENSION), VISWA BHARATHI S.N HIGHER SECONDARY SCHOOL, NEEZHOOR, KOTTAYAM (RESIDING AT KUNNANKULATHIL, THEKKUMBHAGOM, TRIPUNITHURA, ERNAKULAM DISTRICT).** ## **BY ADVS.SRI.V.A.MUHAMMED SRI.M.SAJJAD** **RESPONDENT(S):** - **----------------------------** ## **1. THE STATE OF KERALA,** - **REPRESENTED BY ITS SECRETARY TO GOVERNMENT, GENERAL EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM, PIN-695 001** **2. THE DIRECTOR OF PUBLIC INSTRUCTIONS, JAGATHY, THIRUVANANTHAPURAM, PIN-695 014** **3. THE DEPUTY DIRECTOR OF EDUCATION, KOTTAYAM, PIN-686 001** **4. THE DISTRICT EDUCATIONAL OFFICER, KADUTHURUTHY, KOTTAYAM DISTRICT, PIN-686 604** **5. THE MANAGER, VISWA BHARATHI S.N.HIGHER SECONDARY SCHOOL, NEEZHOOR, KADUTHURUTHY, KOTTAYAM, PIN-686 504** **R1 TO R4 BY SR GOVERNMENT PLEADER SMT. MARY BEENA JOSEPH R5 BY SRI.N.N.SUGUNAPALAN,SENIOR ADVOCATE ADV. SRI.S.SUJIN** **THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 01-06-2017,ALONG WITH WP(C).NO.18328 OF 2017, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** **sts** ## **WP(C).No. 16025 of 2017 (C)** ## **-----------------------------------------** ## **APPENDIX** ## **PETITIONER(S)' EXHIBITS** ## **-----------------------------------------** **EXHIBIT P1: TRUE COPY OF THE PROCEEDINGS ORDER OF THE MANAGER DATED 24.04.2017** **EXHIBIT P2: TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE MANAGER DATED 08.05.2017** **EXHIBIT P3: TRUE COPY OF THE REQUEST OF THE PETITIONER BEFORE THE DEPUTY DIRECTOR DATED 10.05.2017** **EXHIBIT P3(A): COPY OF THE ORDER NO.B2/5631/2017 DATED 08/05/2017 OF THE DEPUTY DIRECTOR EXHIBIT P3(B): COPY OF THE REVISION PETITION FILED BEFORE THE GOVERNMENT BY THE MANAGER ALONG WITH STAY PETITION DATED 17/05/2017, WITHOUT ANNEXURE** **EXHIBIT P3(C): COPY OF THE LETTER OF THE GOVERNMENT DATED 17/05/2017** **EXHIBIT P4: TRUE COPY OF THE DECISION REPORTED IN 1982 KLT 229 DATED 17.02.1982** **RESPONDENT(S)' EXHIBITS: NIL** **-----------------------------------------** **/TRUE COPY/** **P.A.TO JUDGE** **sts** ## **P.V.ASHA, J.** ----------------------------------------------------- W.P(C) No.16025 of 2017-C and W.P(C) No.18328 of 2017-M ---------------------------------------------------------------------Dated this the 1[st] day of June, 2017 ## **JUDGMENT** Writ Petition No.16025 of 2017 is filed by the Headmistress, who is placed under suspension by the Manager, who is the petitioner in W.P(C) No.18328 of 2017. The Headmistress filed the above writ petition seeking a declaration that the order of suspension issued on 24.04.2017 is no longer in existence, since the Deputy Director of Education issued an order on 8.05.2017 refusing to grant permission for extension of suspension beyond 15 days and at the same time directed the reinstatement of the Headmistress. The Manager is challenging the order of the Deputy Director as well as that of Government directing re-instatement, issued on 8.5.2017, 27.5.2017 and 29.05.2017. As both the writ petitions relate to the same issue, the writ petitions are disposed of by this common judgment. The documents referred to herein are as described in W.P.(C) No.18328 of 2017. W.P(C) Nos.16025 of 2017-C & 18328 of 2017-M 2 2. The Manager placed the headmistress under suspension as per Ext.P1 order dated 24.4.2017 for 15 days referring to various irregularities and lapses on her part including those in the conduct of Vidyajyothi Programme stating that a detailed inquiry was required into those. Ext.P1 order along with the entire records was forwarded to the District Educational Officer with a request for permission to continue her under suspension beyond 15 days. The District Educational Officer forwarded the same to the Deputy Director of Education. The Deputy Director of Education thereupon passed Ext.P7 order denying permission saying that the enquiry revealed that there are no circumstances warranting suspension of the Headmistress and directing the re-instatement of the Headmistress. 3. The Manager had taken up the matter before Government and even though a stay was granted against the direction of the Deputy Director of Education on 17.05.2017, the revision petition was rejected on 29.05.2017, as per Ext.P9 order dated 27.05.2017, Government directed the Deputy Director of Education to re-instate Smt.Shinumol (the Headmistress) and called for a report from him after conducting a detailed enquiry W.P(C) Nos.16025 of 2017-C & 18328 of 2017-M 3 into the matter. Pursuant to this the Deputy Director issued Ext. P10 order dated 29.05.2017, directing the Manager to re-instate the petitioner forthwith, pending the detailed inquiry as ordered by the Government. 4. The case of the Manager is that the Deputy Director of Education did not conduct any preliminary investigation before issuing Ext.P7 order denying permission and directing the reinstatement of the Headmistress, as contemplated in Rule 67(8), and that in the absence of such an enquiry Ext.P7 order is not sustainable. In support of this contention, the learned Senior Counsel relied on the Division Bench judgment of this Court in **Kurien v. A.E.O, Kolencherry** [1984 KLT 381]. 5. In this context the learned Senior Counsel appearing for the Manager pointed out Ground (e) in the writ petition filed by the Headmistress which reads as follows: “(e): The Deputy Director of Education, Kottayam has not made preliminary investigation into the grounds of suspension hitherto, for want of reporting and request from the Manager”. 6. The case of the Headmistress is that the suspension was for 15 days. As there is no sanction from the Deputy Director of Education for continuance of suspension, she was liable to be W.P(C) Nos.16025 of 2017-C & 18328 of 2017-M 4 re-instated, as the period of suspension was over by 9.05.2017. It is also her case that the Manager did not forward the order of suspension to the Deputy Director of Education, who is the competent authority; on the other hand the request was made before the District Educational Officer. Therefore, she filed writ petition seeking re-instatement. The learned Counsel for the Headmistress relying on the judgment of the Division Bench of this Court in **Manager, S.N.V.High School v. State of Kerala** [1982 KLT 229] argued that once the Deputy Director of Education issued the order, refusing permission, the suspension ordered by the Manager cannot have any effect and on expiry of 15 days of the order of suspension, the petitioner is entitled to reinstatement. The order passed by the Government thereafter will not enable the Manager to keep the petitioner under suspension once the 15 days period is over. Moreover, Government also directed her re-instatement and the Manager has not passed any other order placing the Headmistress under suspension. 7. I heard the learned Senior Counsel appearing for the Manager and the learned Counsel appearing for the W.P(C) Nos.16025 of 2017-C & 18328 of 2017-M 5 Headmistress as well as the learned Government Pleader and considered the pleadings and contentions. 8. From the order Ext.P7 of the Deputy Director of Education passed on 8.05.2017, it can be seen that the District Educational Officer has forwarded the order of suspension along with the request of the Manager seeking permission. Even though the Deputy Director of Education has stated in the order that an investigation was conducted and the contentions of the Manager were found baseless **,** the Headmistress herself admits in ground e of her writ petition that no investigation was conducted by the Deputy Director of Education. 9. Rule 67(8) of Chapter XIVA, which is the relevant provision relating to suspension of teachers and its ratification, 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 grounds for the suspension he may direct the Manager to reinstate the teacher with effect from the date of suspension, and W.P(C) Nos.16025 of 2017-C & 18328 of 2017-M 6 thereupon 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 Manager to place the teacher under suspension beyond 15 days, if necessary. The authority mentioned above shall pass orders permitting the suspension or otherwise within the said 15 days.” 10. Therefore, a preliminary investigation into the grounds of suspension is mandatory before orders are passed either refusing or granting permission for extension of suspension beyond 15 days or while issuing orders of reinstatement even before that as provided in Rule 67(8) with or without ratification of suspension ordered by the Manager and as held in **Kurian** 's case (supra). In the judgment in **Manager, S.N.V.High School** (supra) relied on by the learned Counsel for the petitioner, a preliminary investigation was conducted and the suspension was ratified for 15 days from the date of suspension. It was held that the Manager's power to place a teacher under suspension is only for 15 days and in the absence of sanction from educational authorities the teacher was entitled to be re-instated from 14.4.1981. 11. As in the present case it is the admitted case of both W.P(C) Nos.16025 of 2017-C & 18328 of 2017-M 7 the parties that there was no preliminary investigation, I find that the Deputy Director of Education has to be directed to conduct a preliminary investigation. 12. In the result: i) Writ Petition No.18328 of 2017 is disposed of directing the Deputy Director of Education to conduct a preliminary enquiry on the request of the Manager to grant extension of suspension beyond 15 days as contemplated under Rule 67(8), within a period of 10 days from the date of receipt of a copy of the judgment with notice to all parties. Exts.P7 and P10 orders and the direction to re-instate the Headmistress in Ext.P9 letter of Government are quashed. ii) Writ Petition No.16025 of 2017 is dismissed. Sd/- **(** P.V.ASHA **, JUDGE)** rtr/