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Justice A. Muhamed Mustaque, while hearing a petition filed said the court cannot ask the manager to be grateful enough to condone the sin and allow the clerk to be in the school. However, at the same time, it cannot ignore the effects of ultimate action of dismissal that would render the family of clerk at distraught. The divine function in such circumstances is to give a chance to the person, for some reformation therapy, whose conduct is condemned.
The clerk was being suspended by the authorities because of his alcoholic nature, to undergo treatment for de-addiction. Facts were that Aby Thankachan was a clerk in a school run by St. John's Church. He was suspended by the management for being an alcoholic. District Educational Officer ordered his reinstatement. The management approached the High Court against DEO order and obtained stay. Aby also approached the High Court seeking implementation of DEO order. The judge further observed, A Conciliatory approach ought to have been best and ideal, rather than confrontation. Anyhow, Law will take its own course, but this Court cannot ignore the possibility of Aby Thankachan getting rid of his habits. The court, recording the undertaking by the counsel for Thankachan that he is ready to undergo treatment, directed the manager to reinstate him. The court also ordered to admit him in St. Gregorios Medical Mission Hospital, for de-addiction. Reinstatement will be subject to satisfaction that he has reformed and would mend his behaviour to the expectation of the management.
Court was of the view that fair opportunity shall be given to him where he wishes to improve himself. Theory of reformation applies in India and a fair chance can be given up.
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