Give Him A Chance To Reform: HC Reinstates 'Alcoholic' Clerk Suspended By School After He Agrees To Undergo De-Addiction Treatment

Aby Thankachan is 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.

Justice A. Muhamed Mustaque, while hearing these petitions, interacted with Aby Thankachan and observed that if he undergoes a treatment for de-addiction, he can improve himself as a person. The judge observed:

"This court cannot ask the manager to be magnanimous enough to condone the sin and allow him to be in the school. However, at the same time, one cannot ignore the perils of ultimate action of dismissal that would render the family at distraught. The divine function in such circumstances is to give a chance to the person, whose conduct is condemned. In fact, it should have been a call of the manager considering the laudable object on which they are embarked upon."

The judge also took into account the fact that Aby Thankachan son is also studying in the same school. 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. The court also clarified that this is only an ad interim arrangement, subject to further orders in these writ petitions. The court added:

"His reinstatement will be subject to satisfaction that he has reformed and would mend his behaviour to the expectation of the management."

The order penned by Justice Mustaque starts by quoting this Bible verse from Matthew 6:14-15 King James Version (KJV):

"For if ye forgive men their trespasses, your heavenly Father will also forgive you: But if ye forgive not men their trespasses, neither will your Father forgive your trespasses."

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