Arijith Pasayat, C.J.

An interesting question has been referred by a Division Bench relating to the, question whether Deputy Director of Education has power or jurisdiction to initiate disciplinary proceedings against a teacher of Higher Secondary School. According to the State, disciplinary proceedings have been initiated under S.12A(2) of the Kerala Education Act, 1958 (in short'the act) read with R.67(2) of Chapter XIVA and R.7 of Chapter XIV B of the Kerala Education Rules, 1958 (in short'the rules').

2. Factual position is almost undisputed and the only factual aspect which needs to be noted is that the employee, with whose case the Division Bench was concerned, was placed under suspension pending enquiry. The order of suspension was passed alleging certain irregularities and malpractices in conducting the SSLC examination in the year 1999 at Centre No. 504. The order was challenged by the teacher before this Court in O.P.No. 9361 of 1999, which was dismissed. Against the said judgment the

above Writ Appeal was filed. The Division Bench felt that the question is of public importance and needs to be dealt with by a Full Bench and that is why reference was made.

3. After