U. HUSSAIN Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) The challenge is against Exts. P6 and P7 orders by which the Manager was directed to remit a sum of Rs. 18,277/- (Rupees Eighteen thousand two hundred and seventy seven only) to the Government under rule 67(8) of Chapter XIV A KER.

(2.) The petitioner is the Manager of U.A.H.M. U.P. School, which is an aided School governed by the Kerala Education Act and Rules, 1958. The petitioner placed the 3rd respondent, who was the Headmaster of the school, under suspension with effect from 30.11.1992. The Assistant Educational Officer refused to extend the period of suspension beyond 15 days. Appeal filed by the Manager before the District Educational Officer was allowed directing extension of the period of suspension. Aggrieved by this the 3rd respondent approached this Court in O.P. No. 4052 of 1993 which was dismissed. In the writ appeal filed by the 3rd respondent this Court held that the District Educational Officer passed the order without jurisdiction and directed the Manager to move revision before the Government under Rule 92 of Chapter XIV-A KER. Thereupon the Government after considering the revision petition of the Manager, passed Ext. P1 order on 13.9.1994 finding that there were no pressing grounds to keep the Headmaster under suspension or to initiate disciplinary action against him. It was found that there were no complaints against the Headmaster and the allegations raised against him were baseless. It was therefore directed that the Headmaster should be reinstated forthwith and that the period of suspension shall be treated as admissible leave.

(3.) The petitioner submits that he filed a revision petition as against the order Ext. P1 under rule 93 of Chapter XIV-A KER and it was rejected as per Ext. P2 order dated 15.1.1996 on the ground that a review under rule 93 of Chapter XIV A KER was not maintainable since the order-Ext. P1 was one issued in revision and not an original order.