{"id":271859,"date":"2006-08-19T00:00:00","date_gmt":"2006-08-18T18:30:00","guid":{"rendered":"https:\/\/www.legalindia.com\/judgments\/d-gnanasekaran-vs-the-chief-educational-officer-on-19-august-2006"},"modified":"2017-10-13T15:52:28","modified_gmt":"2017-10-13T10:22:28","slug":"d-gnanasekaran-vs-the-chief-educational-officer-on-19-august-2006","status":"publish","type":"post","link":"https:\/\/www.legalindia.com\/judgments\/d-gnanasekaran-vs-the-chief-educational-officer-on-19-august-2006","title":{"rendered":"D. Gnanasekaran vs The Chief Educational Officer on 19 August, 2006"},"content":{"rendered":"
Madras High Court<\/div>\n
D. Gnanasekaran vs The Chief Educational Officer on 19 August, 2006<\/div>\n
       \n\n  \n\n  \n\n \n \n BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT\n\n\nDated : 19\/08\/2006\n\n\nCoram\nThe Honourable Mr.Justice N.PAUL VASANTHAKUMAR\n\n\nW.P.(MD)No.6676 of 2006\nW.P.(MD)No.6712 of 2006\nand Connected Miscellaneous petitions\n\n\nD. Gnanasekaran\t\t...\tPetitioner in W.P.No.6676 of 2006\n\n\nM.Anantharamasubramanian\t...\tPetitioner in W.P.No.6712 of 2006\n\n\nVs.\n\n\nThe Chief Educational Officer,\nThanjavur,\nThanjavur District.\t\t...\t\tRespondents\n\n\n\tWrit petitions filed under Article 226<\/a> of Constitution of India, praying\nthis Court to issued a writ of Certiorari  calling for the records pertaining to\nthe order of suspension of the petitioners from service made by the respondent\nby his proceedings in R.C.No.3315\/B4\/2006 dated 24.3.2006and quash the same.\n\n\n!For Petitioners\t....\tMr. S.Nagamuthu\n\n\n^For Respondent\t\t....\tMrs.Jessi Jeeva Priya\n\t\t\t\tSpecial Government Pleader\n\n\n:ORDER\n<\/pre>\n
\tWhen the matters were posted for admission on 3.8.2006, the learned
\ncounsel appearing for the petitioners, relying upon the reasons stated in the
\nimpugned order of suspension, requested this Court to direct the respondent to
\nproduce the preliminary enquiry report submitted by the District Educational
\nOfficer, Pattukottai.  Pursuant to the direction of this Court, on 10.8.2006 the
\nreport of the District Educational Officer, Pattukottai was produced before this
\nCourt.  By consent of the learned counsels of both sides, the main writ
\npetitions themselves are taken up for final disposal.\n<\/p>\n
\t2.\tIn these writ petitions, the impugned orders of suspension of the
\npetitioners viz., D.Gnanasekaran, Physical Education Teacher and that of
\nM.Anantharamasubramanian, Secondary Grade Teacher at Government High School,
\nVenkaraikottaikadu Village, Thanjavur District, dated 24.3.2006 are  challenged.\n<\/p>\n
\t3.\tThe suspension orders in both the writ petitions are passed on
\nidentical grounds.  The reason stated in the suspension orders is that a
\ncomplaint against the petitioners are under investigation in respect of their
\nconduct in the School based on the report submitted by the District Educational
\nOfficer, Pattukottai.  The report was submitted after conducting a preliminary
\nenquiry, in which prima facie evidence are established and therefore under
\nClause (2) of Sub-rule (e) of Rule 17 of the Tamil Nadu Civil Services
\n(Discipline and Appeal) Rules the petitioners were placed under suspension from
\ntheir service with effect from 24.3.2006 until further orders.   It is also
\nstated therein that the reasons for such suspension cannot be furnished in the
\nlarger public interest.\n<\/p>\n
\t4.\tIn the affidavits filed in support of the writ petitions it is
\nstated that Cr.Nos.40, 41, 42, 43 and 44 of 2006 were registered against the
\npetitioners by the Inspector of Police, Vattathikottai Police Station, Tanjore
\nDistrict under various sections of Indian Penal Code<\/a> read with Section 3(1)(10)<\/a>
\nof the Scheduled Castes and Scheduled Tribes (Prevention of Atrocities) Act<\/a>.  It
\nis also stated in the affidavit that due to the death of a student by name
\nVijay, on the complaint given by his father, a case in crime No.39 of 2006 under
\nsection 174 Crl.P.C. was  originally registered by the Inspector of Police
\nagainst the petitioners, which was subsequently altered into one under Section
\n302<\/a> I.P.C. and the petitioners surrendered themselves before the Criminal Court
\nand obtained bail in all the above criminal cases and that the petitioners are
\nnow on bail.\n<\/p>\n
\t5.\tThe orders of suspension are attacked by the learned counsel
\nappearing for the petitioners on the ground that the impugned orders of
\nsuspension do not spell out the reasons for suspension to satisfy anyone of the
\nclauses of Rule 17(e) and the said orders do not spell out the nature of the
\ninvestigation alleged and what is the misconduct committed by the petitioners
\nand that what are the evidences collected to make out a prima facie case.  It is
\nalso contended that the orders do not reflect the compelling necessity to place
\nthe petitioners under suspension from their service.  According to the learned
\ncounsel for the petitioners, there is no compelling need to place the
\npetitioners under suspension in the public interest as alleged.\n<\/p>\n
\t6.\tThe learned Special Government Pleader appearing for the respondent
\nsubmits that the District Educational Officer, Pattukottai conducted preliminary
\nenquiry with regard to the death of one 7th standard student by name D.Vijay on
\n23.3.2006 due to the beating of the petitioners, which led the student
\ndeveloping fits.  In the preliminary enquiry report it is found that the
\npetitioners in these writ petitions have beaten the said deceased D.Vijay and 12
\nother students for about four to five times from 10.00 a.m. till lunch time.
\nThe petitioners indulged in such harsh method on the ground that a fine amount
\nof Rs.100\/- were collected on which Rs.50\/- was missing.  It is also stated in
\nthe said report that on the afternoon of 23.3.2006, the incharge Headmaster,
\nafter noticing the inhuman behaviour fo the petitioners, requested the
\npetitioners not to beat the students and requested them to send the students to
\nthe class room.  The deceased Vijay went to his house to take lunch and after
\ntaking lunch, he came back to the school and started writing the examination.
\nDuring that time the deceased Vijay developed fits and intimation was given to
\nthe incharge Headmaster, who in turn requested the petitioner in W.P.No.6676 of
\n2006 to call the father of the deceased Vijay and he went to the house of the
\ndeceased Vijay and brought the father of Vijay.  Thereafter,the deceased Vijay
\nwas taken to the Government Hospital at Pattukottai in a car.  The Doctor, after
\nexamination declared that the said Vijay is dead.  After knowing the said fact
\nthe village people expressed that due to the beating of the petitioners the
\ndeceased student developed fits and therefore the petitioners are responsible
\nfor the death of the student Vijay.  In the report, it is further stated that
\nthe petitioners absconded from the place and the parents of the said deceased
\nVijay gave a police complaint and the body was taken to the Government Hospital
\nfor post mortem and thereafter the body was taken to his native village for
\nperforming final rites.  Based on the report of the District Educational
\nOfficer, Pattukottai, the impugned orders of the suspension are issued.\n<\/p>\n
\t7.\tI have considered the rival submissions of the learned counsel
\nappearing for the petitioners as well as respondent and perused the FIRs as well
\nas the report of the District Educational Officer, Pattukottai.\n<\/p>\n
\t8.\tFrom the facts narrated above, based on the affidavit filed in
\nsupport of the writ petitions and also on the basis of the report of the
\nDistrict Educational Officer, Pattukottai, it has to be ascertained as to
\nwhether the impugned orders of suspension dated 24.3.2006 passed by the
\nrespondent are justifiable or not.\n<\/p>\n
\t9.\tAdmittedly, petitioners, who are teachers have involved in criminal
\ncases more particularly in a case registered under section 302<\/a> I.P.C.  Whether
\nthe petitioners are to be punished for the alleged offences or not,  will be
\nknown after the trial of the criminal cases are over.  What is to be seen in
\nthese cases is whether the respondent is justified in placing the petitioners
\nunder suspension pending investigation in respect of their conduct in the School
\nbased on the report submitted by the District Educational Officer, Pattukottai
\nand during the pendency of six criminal cases including the one for the offence
\nunder section 302<\/a> IPC.\n<\/p>\n
\t10.\tThe respondent has passed the impugned orders of suspension invoking
\nRule 17(e).  For proper appreciation, Rule 17(e)(1)(i) & (ii) are extracted
\nhereunder.\n<\/p>\n
\t“Rule 17(e)(1)  A member of a service may be placed under suspension from
\nservice, where-\n<\/p>\n
(i)\tan enquiry into grave charges against him is contemplated, or is pending;
\nor\n<\/p>\n
(ii)\ta complaint against him of any criminal offence is under investigation or
\ntrial and if such suspension is necessary in the public interest.”
\nA perusal of the above referred rule, particularly Rule 17(e)(1)(ii) makes it
\nclear that if a complaint against a Government servant of any criminal offence
\nis under investigation or trial and if such suspension is necessary in the
\npublic interest,  such member of the service can be placed under suspension.  In
\nthese cases, the impugned order cannot be treated to have been passed
\narbitrarily since the respondent has relied upon the report of the District
\nEducational Officer, Pattukottai, wherein it is stated that the petitioners have
\nindulged in the act of beating 12 students and one of the student died
\nsubsequently.   The development of fits by the deceased Vijay,  may or may not
\nhave taken place due to the beating by the petitioners.  But, the petitioners,
\nwho are teachers, handling the students of 7th standard, have exceeded their
\nlimits in punishing the students in a corporal manner and the same is even
\nobjected by the Headmaster in the School as reported by the District Educational
\nOfficer, Pattukottai in his report, which was forwarded to the Director of
\nSchool Education on 27.3.2006.\n<\/p>\n
\t11.  In an earlier decision dated 16.3.2006 in W.P.Nos.5147 to 5149 and
\n5888 of 2006, I have observed that the students are sent to schools by the
\nparents with the fond hope that they will be taught morality and ethics, apart
\nfrom education and the Teachers should be the role-model to the students, who
\nare spending most of their times in schools.\n<\/p>\n
\t12.  Here in this case, the petitioners, instead of teaching good
\nbehaviour to the students, have indulged in beating the students and the
\nstudents sustained bleeding injuries and the petitioners are now accused of the
\noffences punishable under various sections of Indian Penal Code<\/a> like Section 302<\/a>
\nIPC and Section 3(1)(10)<\/a> of the Scheduled Castes and Scheduled Tribes
\n(Prevention of Atrocities) Act<\/a>.  Hence the order of the respondent cannot be
\ntreated as illegal or without any bais.\n<\/p>\n
\t13. (a)  The role of the teacher is explained by the Honourable Supreme
\nCourt in the decision reported in AIR 2004 SC 499 (Manager, Nirmala Senior
\nSecondary School, Port Blair v. N.I.Khan and others<\/a>), wherein the Honourable
\nSupreme Court explained the role of the Teachers in paragraphs 1 to 3, which
\nread thus,
\n\t“A teacher affects the eternity.  He can never tell where his influence
\nstops; said Henry Adam.  Any educational institution for its growth and
\nacceptability to a large measure depends upon the quality of teachers.\n<\/p>\n
\t2.\tEducational Institutions are temples of learning.  The virtues of
\nhuman intelligence are mastered and harmonised by education.  Where there is
\ncomplete harmony between the teacher and the taught, where the teacher imparts
\nand the student receives, where there is complete dedication of the teacher and
\nthe taught in learning, where there is discipline between the teacher and the
\ntaught, where both are worshippers of learning, no discord or challenge will
\narise.  An educational institution runs smoothly when the teacher and the taught
\nare engaged in the common ideal of pursuit of knowledge.  It is, therefore,
\nmanifest that the appointment of teachers is an important part in educational
\ninstitutions.  The qualifications and the character of the teachers are really
\nimportant.\n<\/p>\n
\t3.\tThe case at hand has some unfortunate shades as it involves alleged
\nmisconduct of a teacher and the purported desire of the management of an
\neducational institution to keep him out of the institution to maintain the
\npurity in educational sphere and serene atmosphere of the institution.    …..”\n<\/p>\n
\t(b)\tThe role of a Teacher is also explained by the Honourable Supreme
\nCourt in the decision reported in AIR 1989 SC 183 (Andhra Kesari Education
\nSociety v. Director of School Education<\/a>), which reads thus,
\n\t“Though teaching is the last choice in the job market, the role of
\nteachers is central to all processes of formal education.  The teacher alone
\ncould bring out the skills and intellectual capabilities of students.  He is the
\n‘engine’ of the educational system.  He is a principal instrument in awakening
\nthe child to cultural values.  He needs to be endowed and energised with needed
\npotential to deliver enlightened service expected of him.  His quality should be
\nsuch as would inspire and motivate into action the benefiter.  He must keep
\nhimself abreast of ever changing conditions.  He is not to perform in a wooden
\nand unimaginative way.  He must eliminate fissiparous tendencies and attitudes
\nand infuse nobler and national ideas in younger minds.  His involvement in
\nnational integration is more important, indeed indispensable.”\n<\/p>\n
\t(c)\tThe Teacher plays pivotal role in moulding the career, character and
\nmoral fibres and aptitude for educational excellence in impressive young
\nchildren.  The Teacher is adorned as Gurudevobhava, next after parents, as he is
\na principal instrument to awakening the child to the cultural ethos,
\nintellectual excellence and discipline.\n<\/p>\n
\tFrom the above, it is clear that the role of a teacher is not only to
\nteach intellectual excellence and discipline, but also he is duty bound to act
\nlike a parent, which means, the teacher is not expected to do any harm to the
\nstudents like a dutiful parent.\n<\/p>\n
\t14.\tThe involvement of the petitioners in six criminal cases, pursuant
\nto which petitioners were suspended is definitely on public interest.   It is
\nwell settled in law that the offences committed under the provisions of the
\nIndian Penal Code<\/a> are offences against the State, which affects the whole
\ncommunity.  In that way, naturally public interest is attracted if any person
\ncommits offence under the Indian Penal Code<\/a> and punishments are imposed at the
\ninstance of the State for the interest of the Society in general.  The criminal
\nproceedings are conducted in the name of the State and the guilty person is
\npunished by the State.  The act of violence is generally a menace to the safety
\nof the Society  and will therefore be punished by the State.  Hence, the
\ncontention of the learned counsel for the petitioner that the petitioners are
\nsuspended without reference to public interest is unsustainable and the argument
\non that score is liable to be rejected.\n<\/p>\n
\t15.\tAs the petitioners are involved in the criminal offences and the
\ninvestigations are pending, the respondent thought it fit to suspend the
\npetitioners on public interest.  A person is to be placed under suspension or
\nnot in a given case, pending investigation or trial of a criminal case has to be
\ndecided only by the competent authority on public interest.  Once the discretion
\ngiven to the competent authority is exercised in a particular manner, the said
\naction of the authority is justified in view of the statutory provision
\ncontained in Rule 17(e)(1)(ii) of the Tamil Nadu Civil Services (Discipline and
\nAppeal) Rules.  Sufficiency of the reason or otherwise to place a person under
\nsuspension cannot be gone into in writ proceedings.  It is like a discretion
\ngiven to the authority to give promotion to a person against whom Section 17(b)<\/a>
\ncharges are pending, as contemplated under Rule 39(d) of the Tamil Nadu State
\nand Subordinate Service Rules.  The said rule is extracted hereunder,
\n“Rule 39(d)   Where it is necessary to promote an officer against whom an
\nenquiry into allegations of corruption or misconduct is pending the appointing
\nauthority may promote him temporarily pending enquiry into the charges against
\nhim.  The competent authority shall have discretion to make regular promotion in
\nsuitable cases.”\n<\/p>\n
No one can compel the authority to exercise the discretionary power in a
\nparticular manner unless it is established that the power exercised is arbitrary
\nand in discriminatory manner.  Therefore, the petitioner cannot contend that the
\nimpugned order of suspension is without any basis.\n<\/p>\n
\t16.\tSince the petitioners herein are admittedly accused in the criminal
\ncases including for the offence under section 302<\/a> I.P.C., the suspension orders
\ndated 24.3.2006 passed by the respondent are valid.  Prima facie, the
\npetitioners have no right to serve as teachers, so long as they are not
\nacquitted from the criminal charges.\n<\/p>\n
\t17.\tIt is made clear that whether the petitioners have committed the
\nalleged offence or not has to be decided only during the criminal trial and none
\nof the observations made in this order will have any effect in deciding the
\ncriminal investigation\/trial, pending against the petitioners.\n<\/p>\n
\t18.\tIn the result, I do not find any illegality or impropriety in the
\nimpugned orders of suspension dated 24.3.2006 and consequently the writ
\npetitions are dismissed.  No costs.  Connected miscellaneous petitions are
\nclosed.\n<\/p>\n
vr<\/p>\n
To
\nThe Chief Educational Officer,  Thanjavur,  Thanjavur District.\n<\/p>\n
\n","protected":false},"excerpt":{"rendered":"
Madras High Court D. Gnanasekaran vs The Chief Educational Officer on 19 August, 2006 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT Dated : 19\/08\/2006 Coram The Honourable Mr.Justice N.PAUL VASANTHAKUMAR W.P.(MD)No.6676 of 2006 W.P.(MD)No.6712 of 2006 and Connected Miscellaneous petitions D. Gnanasekaran … Petitioner in W.P.No.6676 of 2006 M.Anantharamasubramanian … Petitioner in W.P.No.6712 of […]<\/p>\n","protected":false},"author":1,"featured_media":0,"comment_status":"open","ping_status":"open","sticky":false,"template":"","format":"standard","meta":{"_lmt_disableupdate":"","_lmt_disable":"","_jetpack_memberships_contains_paid_content":false,"footnotes":""},"categories":[8,13],"tags":[],"class_list":["post-271859","post","type-post","status-publish","format-standard","hentry","category-high-court","category-madras-high-court"],"yoast_head":"\nD. 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