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1977 Supreme(Ker) 109

V.BALAKRISHNA ERADI, T.KOCHU THOMMEN
MESSIAH DAS – Appellant
Versus
STATE OF KERALA – Respondent


Judgment :-

1. This is an appeal preferred against the judgment of our learned brother, Justice Narendran, allowing in part a writ petition filed by the appellant herein challenging the legality of an order of punishment passed against him by the Manager of an Aided High School, wherein the appellant was working as Headmaster, and also a consequential order passed by the Director of Public Instruction under R.56 of Part I of the Kerala Service Rules directing that the period during which the petitioner had been kept under suspension shall be treated as eligible leave. The learned Single Judge set aside the order of punishment passed against the appellant by the Manager of the school, but upheld the order, Ext. P-6, passed by the Director of Public Instruction under R.56 of Part I, of the Kerala Service Rules. The petitioner contends that Ext P-6 also ought to have been set aside by the learned Single Judge and that the judgment under appeal in so far as it has upheld the validity of the order Ext. P-6 is based on a misconstruction of the provisions contained in R.56 aforementioned.

2. The petitioner, while working as a Headmaster of the Panchayat High School, Poovachal, was placed u




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