'Satyagraha In Front Of School Gate!' : Supreme Court Criticizes School Staff's Protest While Being Part Of Institution

The Supreme Court on Thursday (November 28), while hearing a former school employee's plea against dismissal for protesting alleged corruption in the school, orally remarked that employees cannot protest against their employer while remaining part of the institution.

Justice Abhay Oka observed, “See the misconduct. You are agitating against your employer. See if you want to protest against corruption etc. you must get out of the institution and then protest. You are employee. You are sitting on Satyagraha in front of the school gate. Students have to follow discipline teachers have to also follow discipline.”

A bench of Justice Abhay S Oka and Justice Augustine George Masih sought an undertaking from the employee that he would not indulge in such activities in the future.

“We find that the maximum which can be considered is whether the penalty imposed is disproportionate. Learned counsel appearing for the petitioner states that the petitioner is willing to give an undertaking that he will not hereafter indulge in objectional activities”, the Court said.

During the hearing, the petitioner's counsel clarified that the petitioner was not a teacher. However, Justice Oka reiterated, “You are an employee, you must follow discipline.”

The counsel submitted that the petitioner was protesting against corruption within the school management, as the school, a government-funded institution in Kerala, was taking money for providing admissions which he exposed. The counsel added that other employees were also protesting, but only the petitioner faced dismissal due to personal enmity between him and the school manager.

Justice Oka asked if the petitioner would refrain from such activities in the future. The counsel assured the court that the petitioner would abide by any conditions imposed. “I have been in service for 15 years. No benefits. Please restore me to service,” the petitioner's counsel said.

Justice Oka said that the court has to hear the respondents and examine the relevant Rules.

The court also clarified that even if the penalty is modified, the issue of back wages would not arise. Since no representative appeared for the state, the Court directed the petitioner to serve notice to the state's standing counsel and kept the matter on December 17, 2024.

Background

The petitioner, a lab assistant at the MSM Higher Secondary School, Kallingapramba(Kerala), was suspended on August 3, 2007. A memo of charges alleged that the petitioner was affiliated with the 'Socialist Foundation' and participated in a Satyagraha outside the school on July 31, 2007. The petitioner admitted to these charges in his explanation. Additional charges were also levelled during the disciplinary proceedings.

The Director of Higher Secondary Education initially warned the petitioner against repeating such misconduct and directed his reinstatement, treating the suspension period as eligible leave. However, this decision was challenged by the school manager, arguing that imposing punishment fell within the manager's purview. The Kerala High Court quashed the Director's order and allowed the manager to propose appropriate penalties after hearing the petitioner.

Following this, the manager imposed the penalty of removal from service, effective March 28, 2008, with the suspension period treated as leave without allowance. The petitioner's challenge to this penalty was dismissed by the Kerala Government, which found the misconduct grave and the penalty proportionate.

The Kerala High Court dismissed the petitioner's subsequent writ appeal. This has challenged in the present case.

Case no. – Diary No. 8954/2024

Case Title – K. Shahul Hameed v. State of Kerala