The Kerala High Court condemned the state government, led by the Communist Party of India (Marxist), for “misusing power” and supporting SFI to prevent Dr. Rema from receiving her pension benefits.
Judges A Muhamed Mustaque and Shoba Annamma Eapen annulled two departmental inquiries against Dr. Rema, who retired on 31 March 2024. The ruling, posted on the court’s website on 21st May, came after an order delivered on 9 April 2024.
The Left government in Kerala took strict measures against Dr. Rema M, a college principal, after she criticized the Students’ Federation of India (SFI), a left-wing student organization. Accused of condemning the government, she was removed from her position, subjected to a probe post-retirement, and transferred to a different college. Dr. Rema had alleged that SFI members were involved in organized crime and drug addiction on campus, leading to her being held hostage by SFI members. Instead of addressing the SFI members’ actions, the government targeted her, prompting the Kerala High Court to reprimand the government for its actions.
Kerala’s Higher Education Minister R Bindu dismissed Dr. Rema from her principal position and transferred her to Government Arts and Science College, Koduvally, 200 kilometers away, following an interview where she accused SFI members of drug abuse and immoral activities on campus.
An inquiry commission, comprising Deputy Director of Collegiate Education Sunil John J, Professor Geetha E, and senior clerk Shyamlal I S, was formed in response to a complaint by SFI’s Kasaragod unit secretary, Akshay M K. The panel, rather than addressing the accusations against SFI, recommended transferring Dr. Rema, leading the court to label the inquiry as biased. The court’s verdict criticized the government for defending SFI and not independently investigating her allegations.
Background of the case:
On 20 February 2023, SFI members raised concerns about contaminated drinking water with Dr. Rema, who directed repairs. However, SFI leaders demanded further explanations and accused her of verbally abusing students. On 23 February 2023, around sixty SFI students detained Dr. Rema for hours, preventing her from using the restroom until police intervened. Subsequently, Minister Bindu relieved her of her duties, and SFI barred her from campus. Dr. Rema revealed drug and sexual misconduct on campus in an interview, resulting in a government show-cause notice alleging reputational damage.
Despite Dr. Rema’s defense, the government formed an inquiry committee that recommended her transfer for breaching government conduct rules. She was moved to Government Arts and Science College, Koduvally, on 9 July 2023.
Dr. Rema challenged the transfer order at the Kerala Administrative Tribunal, which suggested relocating her to a nearby college as she was due to retire on 31 March 2024. She was reassigned to Govinda Pai Memorial Government College in Manjeshwar, but remained dissatisfied and took the case to the High Court.
The High Court overturned the application of Service Conduct Rules 62 and 63 by the Directorate of Collegiate Education, noting that Dr. Rema criticized SFI members, not the government. The court emphasized her constitutional right to free speech. However, the government issued another charge notice on March 24, accusing her of rejecting a student’s admission in August 2022 for not bringing her father, as mandated by the Parent-Teacher Association. The High Court previously noted that the investigation aimed to obstruct her pension benefits, and this second notice reinforced that view, concluding it was harassment for extraneous reasons.
(With Inputs From Onmanorama)
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