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2026 Supreme(Online)(Ker) 6357

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
N.DIVIJENDAR REDDY – Appellant
Versus
STATE OF KERALA – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.GEORGE VARGHESE, SRI.MANU SRINATH, SHRI.LIJO JOHN THAMPY, SMT.NIVEDITA MUCHILOTE, SHRI.RIYAS M.B., SMT.RUKSANA SATHAR
For the Respondents: GP SMT. V.A. HARITHA

J U D G M E N T

This writ petition is preferred by the Manager of an aided Higher Secondary School, who is aggrieved by refusal of the 3rd respondent – Regional Deputy Director to accord prior sanction under Rule 74 of the Kerala Education Rules for imposing the penalty of compulsory retirement on the 4th respondent, despite proved misconduct and to reinstate the 4th respondent into service, thereby seriously prejudicing the discipline, safety and academic environment of the institution.

2. Ext.P4 Memo of charges was laid against the

4th respondent in connection with unauthorized removal of Attendance Register of Plus One Commerce Batch, which was found missing since 07.01.2025. CCTV footage showed that the 4th respondent unauthorisedly entered the office room and removed the record. The said conclusion is reinforced from the text message inadvertently sent by the 4th respondent to a Teacher mentioning the name, address and Aadhaar Number of one of the girl students in Plus One Commerce Batch, available from the Attendance Register. Ext.P4 Final Report filed following Ext.P1 FIR implicated the

4th respondent under Sections 306 and 238C of BNS. 3. In the inquiry, the Inquiry Authori

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