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2016 Supreme(Ker) 88

PRASANTH M. P. – Appellant
Versus
STATE OF KERALA – Respondent


Advocates Appeared:
For the Petitioner: SRI. U. BALAGANGADHARAN.
For the Respondent: GOVERNMENT PLEADER SRI. M.R. ARUNKUMAR KARANAVAR, SRI. ELVIN PETER P.J., SRI. K.R. GANESH.

JUDGMENT :

Should not the Manager of an aided school be heard while cancelling the permission earlier granted to place a teacher under suspension for a continuous period exceeding 15 days pending disciplinary proceedings ?

2. The Manager of an aided school placed a teacher under suspension contemplating disciplinary action by order dated 14.10.2015 in terms of Rule 67(1)(a) of Chapter XIV A of the Kerala Education Rules, 1959 (the 'KER' for short). The Manager who could place the teacher under suspension for a continuous period not exceeding 15 days sought permission of the Assistant Educational Officer to continue the same. The Assistant Educational Officer found on preliminary investigation that there are valid grounds for suspension and granted permission to the Manager to continue the suspension as sought. The said order of the Assistant Educational Officer dated 27.10.2015 was in accordance with Rule 67(8) of Chapter XIV A KER which was ofcourse open to review by himself or by a higher authority. The teacher later applied for review of the permission so granted by preferring a petition dated 03.01.2016 to the Assistant Educational Officer which was made over to the District Educ













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