IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE J.B.KOSHY & THE HONOURABLE MR. JUSTICE THOMAS P.JOSEPH MONDAY, THE 17TH NOVEMBER 2008 / 26TH KARTHIKA 1930 WA.No. 2180 of 2008() --------------------- AGAINST THE JUDGEMENT/ORDER IN WPC.543/2008 Dated 15/07/2008 .................... APPELLANT(S): 1ST RESPONDENT: ----------------------------------------------------- THE CORPORATE MANAGER, ALL C.S.I.SCHOOLS IN MALABAR AND WAYANAD, BANK ROAD, KOZHIKODE – 673 001. BY ADV. SRI.BABU JOSEPH KURUVATHAZHA SRI.C.P.SIVADASAN NAIR RESPONDENT(S): PETITIONER & RESPONDENTS 2 AND 3: -------------------------------------------------------------------------------------- 1. J.VALSALA, SANSKRIT TEACHER, B.E.M.U.P.SCHOOL, TRIKKATTIRI, OTTAPPALAM, PALAKKAD DISTRICT. 2. THE ASST.EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT. 3. THE HEADMASTER, B.E.M.U.P.SCHOOL, THRIKKATTIRI, OTTAPALAM, PALAKKAD DISTRICT. BY GOVERNMENT PLEADER SRI. SANDESH RAJA THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Kss J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- W.A. No. 2180 of 2008 --------------------------------------- Dated this the 17th day of November, 2008 Judgment Koshy,J. Appellant-Manager suspended first respondent-Sanskrit teacher by Ext.P5 order dated 17.12.2007. By Ext.P6 order the Assistant Educational Officer found that there was no ground for suspension. Therefore, it was directed that the first respondent teacher 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.P7 order dated 31.12.2007 extended the period of suspension. The Manager has no power to extend the period of suspension under the Kerala Education Rules. Therefore, first respondent teacher 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.P7 order was without jurisdiction, it was rightly quashed by the W.A.No. 2180/2008 2 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. 2180/2008 3 J.B. KOSHY AND THOMAS P.JOSEPH,JJ. ------------------------------------- W.A.No. 2180/2008 ------------------------------------- Judgment Date:17th November,2008