Suspension due to erroneous police report revoked
Aggrieved school teacher gets justice after 20 months
Source: Hueiyen News Service

Imphal, November 07 2014 : After twenty months of suspension from service due to erroneous police report, a teacher of government school got relief with the cancellation of his suspension order by the Directorate of Education (School), Government of Manipur acting on a directive of Manipur High Court.

According to a source, Thoudam Nabakumar of Wangoi Makha Leikai in Imphal West district, a Hindi teacher at Samurou High School was arrested by Wangoi Police in the afternoon of March 25 in 2013 under FIR number 22(3) 2013 vide IPC section 288/448/429/506/34 on the charges of removing a boundary pillar of his wife's parental homestead.

As the charges labeled against him were not serious, he was allowed to release on bail.

However, due to absence of anyone to guarantee the bond, the accused teacher was to remain in police custody till March 27 on which he was released on bail.

On legal point of view, any government employee may face suspension from service, if he or she is in police custody or jail for more than 48 hours.

In this regard, the Imphal West Superintendent of Police forwarded a report on his case to the Director of Education (S) on March 26 that Nabakumar would be remanded to police custody upto March 27.On the basis of the police report claiming his remand for more than 48 hours, the Education Directorate (S) suspended him from service.

Even after 6 months of suspension, his suspension was not revoked and it continued for more than 18 months, said the source.

According to rules, suspension of an employee should be reviewed after six months.

Following a petition of the aggrieved teacher, the High Court of Manipur with Justice Nongmeikapam Koteshore ruled that Nabakumar was suspended on the basis of an erroneous police report.

The court established that the Judicial Magistrate had allowed his release from police custody within 48 hours of his arrest and his remand was necessitated by absence of anyone to guarantee PR Bond.

The court directed the government to revoke his suspension.

Comment