No Bar On Continuing Disciplinary Action Against Teacher Pending Criminal Prosecution Under POCSO Act: Kerala High Court

The Kerala High Court on Wednesday observed that there is no ban on the continuation of disciplinary proceedings by Educational Authorities against teachers who are subject to criminal prosecution for offence of child harassment or offences under the Protection of Children from Sexual Offenses Act.

The Court noted that as soon as a teacher is arrested for a crime, they are suspended from their service. However, in the majority of instances, educational authorities do not complete the disciplinary processes under a mistaken impression that they cannot proceed against the teacher until the Criminal Court has rendered a decision in the pending case.

Clarifying the legal position in this regard, Justice Raja Vijayaraghavan V observed,

Criminal proceedings and disciplinary procedures have distinct strategies and objectives. The suspension of disciplinary actions pending the outcome of criminal proceedings is not required.

Court said that specific instructions are to be given to the concerned authorities to expedite the disciplinary action.

It added that in cases where the defendant/ teacher secures an acquittal, regardless of whether it is an honourable acquittal or because the witnesses and survivor turned hostile, such defendant/ teacher may demand that their suspended term be reinstated as a duty.

The development comes in a case instituted by a teacher over dispute with respect to approval of her appointment. While deciding the controversy, the bench noticed the "unprecedented" rise in litigation relating to State's General Education Department. The reason for this as per the Court is that the officers concerned, even at the highest level, are uninformed of the relevant laws. It is while citing the instances where officers fail to act in terms of the law laid down, that the bench elucidated the above example.

That apart, the bench noted that under Kerala Education Act and Rules, Malayalam as a medium of instruction at the SSLC level is not a mandate to be eligible for appointment as a teachers. Several precedents have cleared the air on this issue. Yet, the Educational Officers and the Government continue to deny approval stating that applicants have not studied Malayalam, Court said.

Similarly, if one year's notice is given by the Manager for the closure of his School, then School should be allowed to be closed. But Educational Officers, as well as Government, refuses the request of the Managers on the ground that the policy of the Government is not to close down the Schools, Court said. It held, the Government cannot insist that since there is an educational need, the Schools cannot be closed down.

Case Title: Jollyamma V. Thomas v. State of Kerala & Ors.

Citation: 2022 LiveLaw(Ker) 544

Click Here To Read/Download The Order