JUDGMENT :

The petitioner, a Manager of an Aided Lower Primary School, placed the respondents 6 and 7, who were working as Headmaster and Senior Assistant in the school, under suspension on 19.6.2002 on several grounds, which have been detailed and Exhibits P1 and P2. Rule 67(8) of Chapter XIV A of the Kerala Education Rules (hereafter referred to as the Rules) mandates that the Manager, who has placed a headmaster/teacher or non-teaching staff under suspension, shall report the fact to the education authorities. It further provides that such officer authorised by the Government shall make preliminary investigation into the grounds of suspension and if the authority is satisfied that there was no valid ground for the suspension, he may direct the Manager to reinstate the teacher/non-teaching staff with effect from the date of suspension. On such direction being issued, the Manager is bound to reinstate the teacher/non-teaching staff forthwith. The Rules further provides that if the teacher is not actually reinstated, he shall be deemed to have been on duty, that his pay and allowances may be disbursed by the Department and such amount be recovered from the Manager.

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