KUNJUKUNJU Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner is the Manager of Gurudev High School, Piravanthoor. The 2nd respondent, an H. S. A. (Malayalam) of the school, was dismissed from service with effect from 27-2-1968 as per Ext. P2 order dated 19-12-1970. The petitioner placed the 2nd respondent under suspension from 27-2-1968 on complaints of serious misconduct. The District Educational Officer, Kottarakkara gave permission to the petitioner to place the 2nd respondent under suspension till the disposal of the disciplinary proceedings as per order dated 8-3-1968. After the enquiry by the District Educational Officer, Kottarakkara, with the previous sanction, the petitioner dismissed the 2nd respondent from service. The 2nd respondent filed an appeal before the 3rd respondent Director of Public Instruction against the dismissal. The 3rd respondent by Ext. P3 rejected the 2nd respondent's appeal.

(2.) The 2nd respondent then filed O.S.No. 87 of 1973 before the Munsiff's Court. Punalur against the dismissal. The suit was dismissed and the 2nd respondent filed an appeal before the Sub Court, Kottarakkara, which was also dismissed. Thereupon, a second appeal was filed before this Court which also met with the same fate. It seems, thereafter, the 2nd respondent filed an original petition before this Court in 1977 which was dismissed in limine.

(3.) It was thereafter that the 2nd respondent filed a revision before the 1st respondent State on 7-4-1977. On 16-12-1978 the Ist respondent issued Ext. P5 inviting the petitioner's objections against setting aside Ext. P3 order of the Director of Public Instruction, in revision. On receipt of Ext. P5, the petitioner by Ext. P6 requested the 1st respondent for a copy of the petition filed by the 2nd respondent. As no reply was received, the petitioner again made a request by Ext. P7. Then the 1st respondent sent Ext. P8 reply stating that it was not on the revision petition of the teacher, but on the grounds mentioned in Ext. P5 that the Government propose to set aside Ext. P3 order of the Director of Public Instruction. By Ext. P8 the Ist respondent again requested the petitioner to submit his objections to the grounds raised in Ext. P5. The petitioner sent Ext. P9 letter to the 1st respondent insisting for a copy of the petition filed by the 2nd respondent. In Ext. P9 the petitioner raised certain objections also against the proposed interference by the 1st respondent. Then the 1st respondent passed Ext. P10 setting aside Ext P3 order of the 3rd respondent Director of Public Instruction and directing the reinstatement of the 2nd respondent teacher Ext. P11 is the Notification dated 1-11-1978 by which R.92 Chap.14A of the KER was amended. It was under R.92(2) as amended by this Notification that Ext. P5 was issued to the petitioner. The petitioner challenges Exts. P10 and P11 in this original petition