The Kerala High Court in the case the Corporate Manager v. Beena Hilkushi and Ors., observed that the transfer order issued in accordance with Rule 10(4) of the Kerala Education Rules, KER the authorities should have ensured that principles of natural justice were followed by initiating enquiry and giving an opportunity of hearing to the teacher to prevent bias.
The Division bench of the Kerala High Court recently upheld order of a Single Judge, wherein the transfer order of a teacher working under Corporate Managers was quashed.
The Bench comprising of Justice A. Muhamed Mustaque and Justice Shoba Annamma Eapen was hearing the present matter.
In the present case, the Manager of the school had preferred the appeal against quashing of the transfer order, wherein it is averred that the order was issued due to misbehaviour of the teacher, following receipt of complaints from students.
The court also relied upon the case Union of India and Others v. Janardhan Debanath and Another, wherein it has been urged by the respondent that the transfer orders could be issued for solving administrative problems.
The court in the case observed that the decision in the case Janardhan Debanath (Supra) was inapplicable as in the instant case, the transfer order was issued in accordance with statutory provisions i.e., Rule 10, KER pertains to transfer and the prescribed procedure has to be followed
It has been contended by the Manager before the court that the Rule 10(4) did not prescribe any procedure for conducting enquiry for effecting transfer, the court disagreed with the same.
The court also observed that when the transfer was effected as per Rule 10(4) KER, civil consequences followed, and thus, principles of natural justice had to be complied with to prevent bias or prejudice against the teacher.
The court stated that the principles of natural justice is not an empty formality and if the transfer is being affected with reference to sub-rule 4 of Rule 10, it results in civil consequences stigmatizing a teacher by categorizing her that of misbehaviour, misuse of official position, incompetentancy or low performance etc, that the demand compliance of principles of natural justice by initiating an enquiry by the Manager giving fullest opportunity to the teachers to rebut any allegations.
The court also referred to the case State of Kerala v. P.K. Radhakrishna, wherein the court highlighted that the principles of natural justice have to be read into statutory provisions to prevent bias or prejudice that could arise while issuing transfer orders.
Accordingly, the court dismissed the writ.
The counsel, Advocate Liju V. Stephen, Advocate Indu Susan Jacob and P.M. Hridya appeared for the appellant. The counsel, Senior Government Pleader A J Varghese represented the respondent.
