1. Does the Kerala Education Act curtail the ordinary recognised right of the disciplinary authority, the Manager, to accept or reject the findings of the enquiry officer? This, in turn, raises the question of interpretation and application of R.75 in Chap.14-A of the Kerala Education Rules (KER for short). This question not specifically posed and considered in any decided or reported cases, even according to the counsel for both parties, arises for determination in this writ appeal and the Original Petition under Art.226 of the Constitution. The facts, in brief, are these:

2. Disciplinary proceedings were initiated as early as 1973 by the Manager of an Aided Educational Institution, against two members of the non-teaching staff, a Clerk, Shri George Thomas and a Menial staff, Shri T. Cherian. Both of them were suspended pending enquiry. The continuance of the suspension became illegal for want of necessary sanction of the educational authorities. The Manager, therefore, adopted the dubious procedure of reinstating them and suspending them afresh. However, they had to be reinstated, but not until they obtained orders from the higher authorities in the Education Departmen