JUDGMENT Dated this the 5 th day of March, 2025 The petitioner, who is the Manager of Raja Ravi Varma Girls Higher Secondary School, Kilimanoor, has approached this Court seeking to declare that the continued suspension of the 4 th respondent till the completion of enquiry is legally justified as per Rule 67(8) of Chapter XIVA of KER, considering the allegations and facts of the case. The petitioner seeks to quash Ext.P6 and to direct the 1 st respondent to allow the petitioner to place the 4 th respondent under suspension beyond the period of 15 days as mandated under Rule 67(8) of Chapter XIVA of KER. 2. The petitioner states that from 07.01.2025, the Attendance Register of Plus One Commerce Batch was found missing and the same was reported by the Class Teacher. Though search was made, the Attendance Register could not be traced. 3. While so, Smt. Chithra Varma R., HSST (Computer Science) received a text message in her mobile phone from the 4 th respondent-Lab Assistant mentioning the name, address and Aadhaar Number of one of the girl students in Plus One Commerce Batch. The text message related to a student in Plus One Commerce Batch, of which the Attendance Register was found missing. The said Teacher reported the same to the Principal. Ext.P2 is the copy of the message. 4. Thereafter, CCTV Footage was reviewed and it was revealed that the 4 th respondent-Lab Assistant had illegally taken the class register of Plus One Commerce Batch on 07.01.2025 morning. The matter was reported to the 3 rd respondent-Regional Deputy Director on 13.01.2025. An FIR was lodged in Kilimannoor Police Station. 5. Considering the gravity of the misconduct, the 4 th respondent was placed under suspension in contemplation of enquiry in terms of Rule 67 of Chapter XIVA of KER, as per Ext.P4 order. After preliminary investigation, the 3 rd respondent found the suspension valid and approved the decision of the Manager to place the 4 th respondent under suspension. The suspension period was, however, extended for 15 days only, as per Ext.P6. 6. The petitioner states that the said order has been passed without regard to the facts and circumstances of the case. There is prima facie material to implicate the 4 th respondent in the offence. The intention behind the theft of Attendance Register is yet to be found out. 6. The petitioner states that the said order has been passed without regard to the facts and circumstances of the case. There is prima facie material to implicate the 4 th respondent in the offence. The intention behind the theft of Attendance Register is yet to be found out. The text message sent by the delinquent and the CCTV Footage, raised serious suspicion about the conduct of the 4 th respondent. Therefore, it is necessary that enquiry is conducted keeping the 4 th respondent under suspension beyond the period of 15 days. 7. The petitioner therefore, sent Ext.P7 letter dated 04.02.2025 requesting the 3 rd respondent to review the order dated 03.02.2025. However, no action has been taken on Ext.P7. The petitioner thereafter filed Ext.P8 Appeal before the Government on 15.02.2025. Ext.P8 also has not given any positive result. 8. Counsel for petitioner submitted that in the matter of disciplinary action against Teachers / non-teaching staff of Higher Secondary School, provisions of Chapter XIVA KER mutatis mutandis applies. Ext.P6 order to the extent it limits the operation of the order of suspension to another 15 days alone, is non-speaking and unreasonable. 9. The counsel for the petitioner further submitted that Rule 67(8) of Chapter XIVA KER empowers the controlling authority to conduct preliminary investigation into the allegations leading to suspension of an employee and sanction order of suspension issued by the disciplinary authority. The 3 rd respondent having satisfied that circumstances justify the continued suspension of the 4 th respondent approved the order of suspension, at the same time, limiting the period of suspension for a further period of 15 days only. This is highly illegal and arbitrary, contended the counsel for the petitioner. 10. The 4 th respondent entered appearance and resisted the writ petition. The 4 th respondent submitted that there were disputes relating to the management of the School. In one of the criminal cases in this regard, the petitioner was a witness. It is due to the fact that the petitioner is to give evidence in the criminal case, the petitioner has been put under suspension. 11. In the Appeal preferred by the petitioner, Ext.P10 order is passed cancelling Ext.P6 order with effect from 19.02.2025 and directing the Principal to reinstate the 4 th respondent into service. 12. It is due to the fact that the petitioner is to give evidence in the criminal case, the petitioner has been put under suspension. 11. In the Appeal preferred by the petitioner, Ext.P10 order is passed cancelling Ext.P6 order with effect from 19.02.2025 and directing the Principal to reinstate the 4 th respondent into service. 12. As per Rue 67 of Chapter XIVA of the KER, no teacher shall be placed under suspension by the Manager for a continuous period exceeding 15 days without the previous sanction of the Deputy Director(Education) in the case of Headmasters of Secondary Schools and Training Schools and of the District Educational Officer in other cases. 13. The 3 rd respondent found that there is no clarity as to who had taken the Attendance Register and hence the suspension of the 4 th respondent could not be continued. Therefore, the 3 rd respondent cancelled Ext.P6 order retrospectively. Going by Ext.P4, there is no whisper regarding the satisfaction of the existence of a public interest in the suspension order. Ext.P10 order is legal and justified. The writ petition is liable to be dismissed, contended counsel for the the 3 rd respondent. 14. I have heard the learned counsel for the petitioner, the learned Government Pleader representing respondents 1 to 3 and the learned counsel appearing for the 4 th respondent. 15. The Attendance Register of the Plus One Commerce Batch was found missing from the School from 07.01.2025. The text message received by one of the Teachers named Smt. Chithra Varma R. from the mobile phone of the 4 th respondent contained name of a student, who was in the Plus One Commerce Batch. The said message causes considerable suspicion in respect of the involvement of the 4 th respondent in the offence/misconduct. 16. The CCTV Footage was reviewed by the School authorities and it was revealed that the 4 th respondent-Lab Assistant of the School had illegally taken the Attendance Register of Plus One Commerce Batch on 07.01.2025 morning and the same was reported to the 3 rd respondent on 13.01.2025. An FIR was lodged against the petitioner at the instance of the President of the Parent Teachers Association. 17. Considering the seriousness of the misconduct, the 4 th respondent was put under suspension as per Ext.P4 with effect from 20.01.2025 in contemplation of enquiry. An FIR was lodged against the petitioner at the instance of the President of the Parent Teachers Association. 17. Considering the seriousness of the misconduct, the 4 th respondent was put under suspension as per Ext.P4 with effect from 20.01.2025 in contemplation of enquiry. After conducting preliminary investigation, the 3 rd respondent found the suspension of the 4 th respondent as valid. However, the 3 rd respondent limited the suspension to continue only for 15 days more. The petitioner is aggrieved by the said Ext.P6 order. 18. It is to be noted that taking away attendance register of a current live batch of students is a serious offence. It will adversely affect the reputation of the School as well as the career of the students undergoing studies. The School authorities have made preliminary enquiries. There is prima facie material including CCTV Footage to establish the involvement of the 4 th respondent in the misconduct / crime. 19. In such circumstances, it is highly necessary to maintain the discipline in the School that an appropriate enquiry be made and the guilty is punished. If there is prima facie material to indicate that the 4 th respondent in involved in the offence, then it would not be proper for the School authorities to permit the 4 th respondent to discharge his duties, continuing in the School, which is likely to adversely affect the enquiry. 20. Ext.P6 order of the Regional Deputy Director would indicate that there are materials implicating the 4 th respondent. However, in spite of that conclusion, the suspension period was extended only for a period of 15 days. The petitioner preferred Appeal against Ext.P6 order. Appeal stands rejected by the Government as per Ext.P10 order of the Deputy Director of Education. 21. A reading of Ext.P10 would show that the authority has come to a conclusion that there is no clarity in the allegation that the 4 th respondent has taken the attendance register. Ext.P10 is highly illegal and improper. There is no doubt that there are prima facie materials to indicate the involvement of the 4 th respondent in the misconduct / crime. It was on that basis, Ext.P6 was passed approving the order of suspension against the 4 th respondent. Ext.P10 is highly illegal and improper. There is no doubt that there are prima facie materials to indicate the involvement of the 4 th respondent in the misconduct / crime. It was on that basis, Ext.P6 was passed approving the order of suspension against the 4 th respondent. After coming to such conclusion, the Deputy Director of Education should not have come to his own conclusion as regards the involvement of the 4 th respondent before completing the enquiry proceedings. Educational Authorities are not empowered to come to interim conclusions before completion of the enquiry proceedings. 22. Taking into consideration the allegations raised against the 4 th respondent and the prima facie materials available, no School can permit such an employee to remain in the School and discharge his duties while enquiry proceedings are pending. 23. In the circumstances of the case, the petitioner is entitled to relief. Ext.P10 order is set aside. There will be a direction to the respondents to permit the Manager to keep the 4 th respondent under suspension for a further period of three months. The enquiry proceedings shall be completed within three months. The 4 th respondent will be entitled to payment of subsistence allowance as per rules, during the period of suspension. The writ petition is disposed of as above.