The court clarified the scope of revisable orders under R.92 and affirmed the right of appeal conferred by R.81 despite the grant of sanction by the State Government in exercise of its power of revision under R.92.

1. This appeal is against the judgment of the learned single judge in O. P. No 3191 of 1982. The appellant was the Headmaster of the S. N. V. Sanskrit High School, Thrikkakara, of which the 2nd respondent is the Manager. In respect of certain alleged misconducts, a disciplinary inquiry was held against the appellant. After a few attempts to secure prior concurrence for the action proposed by the Manager failed, the authorities having declined to grant the permission under R.74 of Chap.14-A of the Kerala Education Rules, the 2nd respondent made one more attempt, proposing to impose the punishment of reduction of the appellant to the post of High School Assistant by way of punishment and sought concurrence of the authority specified in R.74. The said authority having declined to grant permission by Ext. P1 dated 4-2-1976. the second respondent challenged the said order by way of revision to the State Government. The State Government allowed the revision petition under R.92 of Chap.14-A of the Rules by Ext. P2 dated 9th April, 1981, set aside the order made under R.74 and granted the prior sanction for imposition of the penalty of reduction to the cadre of High School Assistant. The appellant sought review of the said order which review petition came to be dismissed by Ext. P4 dated 21-4-1982. It is in this background that the appellant challenged Exts. P2 and P4 in O.P. No. 3191 of 1982. The learned Single Judge having dismissed the original petition he has come up with this appeal.

2. The first contention of Shri. Subramani, the learned course] for the appellant, is that the revision petition was not maintainable under R.92 as the order passed is not made appealable. The relevant portion of sub-rule (1) of R.92 in so far as it is necessary for the purpose of this case may be extracted as follows:

"Notwithstanding anything contained in these rules, the Government may, on their own motion or otherwise, after calling for the records of the case, revise any order passed by a subordinate authority in respect of matters contained in this Chapter which is made or is appealable under these Rules"

It was submitted that the expression "in respect of matters contained in this chapter which is made or is appealable under these rules" contemplates orders which are made appealable. In our opinion, the expression "which is made" refers to the order which is made in respect of matters contained in the Chapter and not orders which are made appealable. If the construction put forward by Shri Subramani is to be accepted, it will lead to redundancy for, the latter part of R.92(1) itself expressly provides that a revision is contemplated against the order which is appealable under those rules. Thus, in our opinion, sub-rule (1) of R.92 makes it clear that all orders in respect of matters contained in Chap.14-A are revisable under R.92 whether such orders are made by the original authority, or by the appellate authority. We have, therefore, no hesitation in repelling the contention of Shri Subramani that a revision petition was not competent under R.92(1) against the order made under R.74 on the ground that the order made under the said provision is not made expressly appealable under the rules.

3. It was next contended by Shri. Subramani, the learned counsel for the appellant, that at any rate the revisional authority should not have exercised its revisional power under R.92 in such a manner as to deprive the appellant of the valuable right of appeal which has been conferred on him under the Rules. It is not and cannot be disputed that under R.92 the State Government can in exercise of its power of revision interfere with an order made under R.74 and make such appropriate order as it deems fit. If the prescribed authority wrongly declines to grant sanction prayed for under R.74, the revisional authority would be competent to revise such an order and make appropriate order, which the original authority under R.74 ought to have made. Shri Sub