High Court Kerala High Court

The Corporate Manager vs M.T.Abdul Salam on 17 November, 2008

Kerala High Court
The Corporate Manager vs M.T.Abdul Salam on 17 November, 2008
       

  

  

 
 
  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