( 1 ) THE question that arises in this Writ appeal is whether a teacher or a member of the non-teaching staff employed in any private institution can be placed under suspension in contemplation of or pending departmental enquiry for a period more than 4 months under any circumstance in the teeth of the bar contained under subsection (3) of Section 79 of the A. P. Education Act, 1982 (for short the Act ). Incidentally, the question whether the bar contained in clauses (a)and (b) of subsection (3) of Section 79 of the Act is mandatory or directory only also arises. These questions arise for our consideration and decision in the following factual background.

( 2 ) THE appellant was appointed as Head master of the Krista Cement Works employees Educational Society High school, the third respondent herein on 11-11-1982 and the post of Head Master is admitted to grant-in-aid. When the appellant was serving as Head Master of the third respondent-School, the Secretary and Correspondent of the School issued a composite proceeding dated 21-06-1999 alleging that the appellant did not disburse scholarship monies to the students fully and in time; that the appellant took monies