1. This petition has come up before the Full Bench on the basis of an Order of Reference passed by a Division Bench of this Court. Para.1 to 5 of the Order of Reference may be usefully extracted as those paragraphs deal with the relevant provisions of the statute, the Kerala Education Act, 1958, and refer to the relevant rules in Chapter XIV (A) of the Kerala Education Rules, 1959, framed under the Act:

"Should the manager of a school who had imposed punishment on a teacher of the school after obtaining the requisite sanction as provided by R.74 in Chapter XIV (A) of the Kerala Education Rules (hereinafter called the Rules) be heard before an order revising and reducing the punishment in exercise of the power under R.92 in Chapter XIV (A) of the Rules is passed is the question arising for decision in this petition. Gopalan Nambiyar J. in referring this question to a Division Bench, said:

The question raised regarding the status of the Manager vis a vis the institution and in relation to disciplinary proceedings conducted by him against the teachers is important and far reaching and merits consideration by a Division Bench, and if necessary by a Full Bench.'

2. After a proper enquiry, the manager, the petitioner before us, by Exts. P11 and P12 orders, removed from service two teachers after obtaining the previous sanction from the appropriate educational authority, the Regional Deputy Director of Public Instruction. Appeals from the orders, Exts. P11 and P12, were dismissed by the orders Exts. P14 and P15. The? Teachers then moved the Government under R.92 in Chapter XIV (A) of the Rules and the Government deemed it fit by Exts. P16 order to set aside Exts. P11 and P12 orders and reduce the punishment in the case of the Head Master (2nd respondent) to one of reduction in rank from the post of Head Master to that of an Assistant, and in the case of the 3rd respondent, the teacher, to one of withholding two increments. The order Ext. P16 was admittedly passed without affor- '-' ding any opportunity to the manager, the petitioner before us of making any representation or of being heard. Counsel for the petitioner has contended that this is violative of the principles of natural justice and that therefore the order Ext. P16 should be set aside. Before we deal with this question, it is necessary to refer to some of the provisions in the Kerala Education Act, for short, the Act, and the Rules.

3. The power of appointment of teachers of aided schools is vested with the managers (S. 11 of the Act). The restriction about such appointments by managers is by rules and conditions to be laid down by the Government in that those appointed must possess the qualifications prescribed under S.10 of the Act. S.12(2) implies that the manager of a school is the disciplinary authority with power to punish. The section however imposes restrictions in the power of punishment by providing that no teacher of an aided school shall be dismissed, removed or reduced in rank by the manager without the previous sanction of the officer authorised by the Government in this behalf. R.74 in Chapter XIV(A) of the Rules insists that the previous sanction of the Director is necessary in the case of teachers in graduate scale and Headmasters of secondary schools and training schools. This is the provision that is applicable in this case. We have, however, to mention that the power conferred on the Director by this rule has been delegated to the Regional Deputy Director by notification published in Kerala Gazette dated 21111961.

4. Elaborate and detailed procedure for the conduct of the enquiry before imposition of punishment is contained in R.75 in Chapter XIV (A) of the Rules and this enquiry has to be conducted by the appropriate educational authority or by the special officer appointed For that purpose. In this case, the enquiry was conducted by a special officer appointed for (he purpose. He entered findings against the Headmaster and the teacher, responde