The Madras High Court today quashed a state government order removing the district educational officer in the wake of the 2004 Kumbakonam fire tragedy that killed 94 school children.
Allowing a petition filed by P Pinagapani, who was district education officer (DEO) at the time of the fire accident, Justice M V Muralidharan directed the state government to release all service and monetary benefits to the petitioner.
The judge held that the charges and disciplinary proceedings that were conducted was "clearly arbitrary and illegal and the petitioner alone cannot be allowed to face the hammer when the government has cautiously exonerated other similarly situated persons.."
The court directed the government to treat him as retired from service in the normal course and ensure that monetary and other attendant benefits were settled at the earliest within a period of eight weeks from the date of receipt of a copy of the order.
It also directed the state government to conduct surprise checks in all schools, whether government, aided or private, and verify whether facilities provided are in line with rules and regulations and in case of non-compliance, take severe action against such schools.
The government should ensure that the roof under which schools impart education should be a safe place without any potential hazards.
"If the same is ensured in every school all over this country, access to education to young children would be made much better and safer," the judge said.
The petitioner had challenged his removal as DEO and the government's dismissal of his review plea.
Ninety-four children and a teacher were charred to death and 16 others seriously injured when a devastating fire swept through the Sri Krishna School and Saraswathi Nursery School complex in Kumbakonam on July 16, 2004.
"An analysis of this controversy would reveal that the petitioner has been found guilty, whereas five persons who were working along with him at the relevant point of time when the accident took place were exonerated..." the judge said.
Besides this, it could be evidently seen from the counter affidavit that the disciplinary proceedings were initiated only at the behest of the report submitted by the Justice K Sampath Commission of Inquiry appointed by the government to probe the causes of the fire.
The judge further said the charge memo was issued to the petitioner only after the Commission's inquiry report and that "this would demonstrate that the government has not made any independent application of mind in issuing the charge memo".
The court quashed the order removing him as DEO and the government's dismissal of his review petition.
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