IN THE HIGH COURT OF KERALA AT ERNAKULAM
WA.No. 2172 of 2008()
1. THE CORPORATE MANAGER,
... Petitioner
Vs
1. M.T.ABDUL SALAM, URDU TEACHER,
... Respondent
2. THE ASST.EDUCATIONAL OFFICER,
3. THE HEADMASTER, B.E.M.U.P.SCHOOL,
For Petitioner :SRI.BABU JOSEPH KURUVATHAZHA
For Respondent : No Appearance
The Hon'ble MR. Justice J.B.KOSHY
The Hon'ble MR. Justice THOMAS P.JOSEPH
Dated :17/11/2008
O R D E R
J.B. Koshy & Thomas P.Joseph, JJ.
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W.A. No. 2172 of 2008
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Dated this the 17th day of November, 2008
Judgment
Koshy,J.
Appellant-Manager suspended the first respondent,
Urdu teacher by Ext.P3 order dated 21.12.2007. By Ext.P4 order,
the Assistant Educational Officer found that there was no ground for
suspension. Therefore, it was directed that he should be reinstated
in service. The above order was passed under rule 67 (8) of Chapter
XIV-A of the Kerala Education Rules. Manager by Ext.P5 order dated
3.1.2008 extended the period of suspension. Manager has no
power to extend the period of suspension under the Kerala
Education Rules. Therefore, he is entitled to salary unless the
educational authorities ordered extension of suspension. Of course,
disciplinary proceedings can be continued and appropriate
punishment can be imposed as provided under law without
suspension also. Since Ext.P5 order was without jurisdiction, it was
W.A.No. 2172/2008 2
rightly quashed by the learned single Judge. We see no ground to
interfere in the impugned judgment. Hence, appeal is dismissed.
J.B.Koshy
Judge
Thomas P. Joseph
Judge
vaa
W.A.No. 2172/2008 3
J.B. KOSHY
AND
THOMAS P.JOSEPH,JJ.
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W.A.No.2172/2008
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Judgment
Date:17th November,2008