BALAGOPALAN Vs. MANAGER

JUDGEMENT

(1.) Petitioner in OP. 1423/86 (fourth respondent in OP. 1576/86) is a High School Assistant in the High School of which first respondent in the former OP. (Petitioner in the latter OP) is the Manager. Fourth respondent in the former OP. is the Headmaster of the school.

(2.) As per memo dated 23-4-1981. charges were framed against the teacher for absence from duty over a long period. As per the provisions of the Kerala Education Rules (for short 'the Rules'), the District Educational Officer conducted inquiry and in his report dated 6-5-1982 found the teacher guilty of the charge. Manager sought sanction of the Deputy Director of Education to impose on the teacher the punishment of removal from service. The request was rejected on 22-9-1982. Thereafter, Manager sought sanction to impose punishment of compulsory retirement. That was also rejected. Manager challenged this order before this Court in OP. 2553/1983. OP. was dismissed directing the Manager to avail the remedy of revision before the Government available under R.92 of Chap.14A of the Rules. Manager filed revision in due course and the Government granted him sanction to impose the punishment of compulsory retirement.

(3.) Thereafter, Manager imposed punishment of compulsory retirement with effect from 30 6-1980 (the date from which the teacher was said to have been absent unauthorisedly) Teacher filed appeal before the Deputy Director of Education under R.80 of the Rules. That was dismissed. Teacher filed revision before the State Government under R.92. Government on 21-2-1986 passed an order (Ext. P3 in the former OP. and Ext. P-10 in the latter OP.) holding that the punishment imposed is excessive, directing reinstatement of the teacher and modifying the punishment to one barring two increments without cumulative effect. The teacher has filed OP. 1423/86 seeking enforcement of this order on the allegation that he is not being reinstated or readmitted to duty. Manager has filed OP. 1576/86 seeking to quash the Government Order.