MANAGER Vs. STATE OF KERALA

JUDGEMENT

(1.) THE petitioner has approached this Court with the following prayers:

(2.) THE issue mainly pertains to the suspension of the 4th respondent from service and the disciplinary proceedings pursued in respect of certain misconduct which was proceeded against by the petitioner/Manager of the School.

(3.) WHEN the matter came up for consideration before this Court, as per interim order dated 22.8.2012, the learned Government Pleader was required to get instructions as to the whether Ext.P12 order passed by the Government, dismissing the revision petition preferred by the petitioner, was after granting any opportunity of being heard. The learned Government Pleader submits on instruction that, no such opportunity of hearing was given to the petitioner before passing Ext.P12. This Court finds that Ext.P12 is bad for violating the 'principles of natural justice', more so, when it was a statutory revision petition preferred by the petitioner under Rule 92 of Chapter XIV(A) of the Kerala Educational Rules, which came to be decided without hearing the revision petitioner.