1. The scope of R.67(1) and (8) of Chapter XIV(A) of the Kerala Education Rules (for short, the Rules) falls for decision in this writ petition. Narendran J., understood the scope of this rule as follows in Kammaran Gurukkal v. The Assistant Educational Officer (1975 (1) ILR. Kerala 286 at 294):

"In the matter of giving that permission, R.67(1) is the provision which has to be kept in mind. When R.67(1) is complied with, the Educational Officer cannot refuse permission to the Manager under R.67(8) to keep the teacher under suspension beyond 15 days. The necessity to keep the teacher under suspension further or the apprehension whether the records will be tampered with or it will become impossible to conduct an impartial enquiry into the matter if the teacher was reinstated, are not all considerations which are relevant in passing an order under R.678)"

Chandrasekhara Menon J. felt that this decision had to be considered by a Division Bench and it is on a reference by the learned judge that this writ petition comes before us for hearing On an earlier occasion the identical decision fell to be considered by Poti J. (as he then was) in O.P. No. 5037 of 1976. The learned judg