KUTTY SANKARAN NAIR ALIAS CHINNAKUTTAN NAIR Vs. REGIONAL DEPUTY DIRECTOR OF PUBLIC INSTRUCTOR NORTH ZONE KOZHIKODE

JUDGEMENT

(1.) The Manager of K.P.R.P. High School at Kongad is the petitioner.

(2.) Respondents 2 to 8 were teachers in that school. On the basis of certain allegations of misconduct on their part they were suspended by the petitioner on 29-3-1961. The order of suspension of the fifth respondent was cancelled and he was subsequently reinstated in service. Respondents 3, 4 and 8, it is alleged, have entered Government service as teachers in other schools while they were under suspension and while the enquiry was pending against them. The orders of suspension were communicated to the District Educational Officer, Palghat, and he approved the same. Respondents 2, 3, 6, 7 and 8 filed writ petitions in this court against the suspension orders but the orders were maintained. This court ordered that the enquiry into the charges must be conducted by an officer other than the District Educational Officer, Palghat, to be nominated by the Director of Public Instruction. Accordingly the first respondent was nominated by the Director of Public Instruction to conduct the enquiry. He conducted the enquiry and prepared a report and forwarded it to the 9th respondent, the Director of Public Instruction. The first respondent issued notices to respondents 2, 3, 4, 6, 7 and 8 to show cause why the penalty proposed therein should not be imposed upon them. Thereafter the first respondent passed Ex. P 1 order withholding the increments of the respondents and directing their reinstatement in service.

(3.) The complaint of the petitioner in this writ petition is that under R.76(4) the person who is designated by Kerala Education Rules as having authority to propose the punishments and issue the show cause notices is the Manager and not the first respondent and therefore the proceedings of the first respondent in issuing the show cause notices and imposing the punishment are without jurisdiction.