The petitioner, who is the Headmaster of an aided lower primary school, has filed this writ petition mainly challenging Ext.P1 order of suspension dated 7.6.2014 issued by the fourth respondent Manager placing him under suspension pending enquiry. The petitioner has also prayed for a direction to respondents 2 and 3 to cause a proper and effective enquiry into the complaint of mismanagement and malpractices including corruption against the fourth respondent and take appropriate action. The causes of action for the two reliefs are different and distinct. The petitioner could not have therefore joined the causes of action and filed the instant writ petition. I am therefore of the opinion that on that short ground, the instant writ petition is liable to be dismissed.
2. As regards the order of suspension, it is evident from sub- rule (7) of rule 67 of Chapter XIV A of the Kerala Education Rules that the initial suspension of a teacher can only be for a period of 15 days. In view of the stipulation in the rules, notwithstanding the fact that the order of suspension does not refer to the fact that the
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suspension is for a period of 15 days, Ext.P1 will have efficacy only for a period of 15 days. Ext.P1 discloses that a copy thereof has been forwarded to the Assistant Educational Officer. In view of sub- rule (8) of rule 67 of Chapter XIV A of the Kerala Education Rules, the Educational Officer will have to conduct a preliminary investigation into the grounds of suspension. The petitioner has already moved the Assistant Educational Officer by submitting Ext.P2 representation dated 11.6.2014 to conduct a preliminary investigation and to revoke the order of suspension. The suspension of the petitioner can be continued after the expiry of the period of 15 days from 7.6.2014 only if after a preliminary investigation, permission is given to the Manager to continue the suspension beyond the period of 15 days.
3. Even assuming that the Manager is liable to be disqualified, so long as he continues to be the Manager, the Manager is competent to place the Headmaster or any other teacher of the school under suspension. The question whether the order of suspension is validly made or permission cannot be granted to continue the suspension beyond the period of 15 days, will depend on the preliminary investigation into the grounds of suspension and therefore, merely for the reason that the Manager is facing proceedings under rule 7 of Chapter III of the Kerala Education
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Rules is not in my opinion a ground for the petitioner to invoke this Court's jurisdiction.
In such circumstances, I am of the opinion that no relief can be granted in the instant writ petition. The writ petition fails and is accordingly dismissed without prejudice to the right of the petitioner to put forward his grievances at the time of the preliminary investigation into the grounds of suspension by the Educational Officer concerned.
vpv Sd/-
P.N.RAVINDRAN JUDGE