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STANLY PIGAREZ, HEADMASTER versus DIRECTOR OF PUBLIC INSTRUCTIONS

High Court of Kerala

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STANLY PIGAREZ, HEADMASTER v. DIRECTOR OF PUBLIC INSTRUCTIONS - WP(C) No. 24927 of 2007(P) [2007] RD-KL 16359 (22 August 2007)

IN THE HIGH COURT OF KERALA AT ERNAKULAM

WP(C) No. 24927 of 2007(P)

1. STANLY PIGAREZ, HEADMASTER,
... Petitioner

Vs

1. DIRECTOR OF PUBLIC INSTRUCTIONS,
... Respondent

2. ADDITIONAL DIRECTOR OF PUBLIC

3. CENTRAL BOARD OF ANGLO INDIAN EDUCATION

For Petitioner :SRI.V.M.KRISHNAKUMAR

For Respondent : No Appearance

The Hon'ble MR. Justice A.K.BASHEER

Dated :22/08/2007

O R D E R

A.K. BASHEER, J.

W.P.(C). NO. 24927 OF 2007

Dated this the 22nd day of August, 2007



J U D G M E N T

Having heard learned counsel for the petitioner and the learned Government Pleader and having perused Ext.P2 order, I am satisfied that there is considerable force in the contention raised by the petitioner that the impugned order cannot be sustained.

2. It is seen from the said order that the Government has placed the petitioner under suspension by invoking the power conferred under Section 12A (2) of the Kerala Education Act "pending enquiry and disciplinary action". The order does not reveal as to whether the Government had, before exercising the power under sub section (1), intimated the manager regarding the circumstances requiring disciplinary action against the petitioner and also whether any reasonable opportunity had been given to the manager to take such action against him. Thus, there is clear violation of the provisions contained in Section 12A (2). For that sole reason, Ext.P2 is liable to be quashed. I do so. However, it is made clear that it will be open to the Government to take appropriate action against the petitioner, if so advised, in conformity with the provisions contained under the Kerala Education Act and the Rules as is permissible under law. The writ petition is disposed of as above.

A.K. BASHEER, JUDGE

vps WPC NO 24927/07 Page numbers

A.K. BASHEER, JUDGE

OP NO.20954/00 WPC NO 24927/07 Page numbers

JUDGMENT

1ST MARCH, 2007


Copyright

Reproduced in accordance with s52(q) of the Copyright Act 1957 (India) from judis.nic.in, indiacode.nic.in and other Indian High Court Websites

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