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2007 Supreme(Ker) 472

THOTTATHIL B.RADHAKRISHNAN
Leslie Biveira, Ernakulam – Appellant
Versus
The State of Kerala, Represented by the Secretary – Respondent


Judgment :-

Petitioner is the manager of a corporate educational agency. The short issue is whether the Director of Public Instructions, hereinafter referred to as the “Director”, has acted in excess of authority under Rule 7 in Chapter III of the Kerala Education Rules, 1959, for short, the “KER”, in issuing the impugned Ext.P7 placing the petitioner under temporary disqualification from managership. That order has been issued without hearing the petitioner. It is stated in Ext.P7 that the said order will be reviewed after finalisation of the vigilance case referred to therein.

2. As required by this Court, the learned Government Pleader has placed a copy of the letter referred to at Sl.No.2 in Ext.P7. That letter discloses that the Enquiry Commissioner and Special Judge, Thrissur forwarded a complaint for enquiry which resulted in a report being submitted to that court on 8-3-2007, which, in turn, directed on 12-3-2007, to register a case against the writ petitioner and another and to investigate the same. Accordingly, a case VC 3/2007/Ekm. Has been registered under the different provisions of the Prevention of Corruption Act, 1988 on 15-3-2007. The writ petitioner is the second a





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