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. 2172 of 2008() ------------------------------ AGAINST THE JUDGEMENT/ORDER IN WPC.1058/2008 Dated 15/07/2008 .................... APPELLANT/ IST 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.K.I.SAGEER RESPONDENTS/PETITIONER & RESPONDENTS 2 & 3 ---------------------------------------------------------------------------- 1. M.T.ABDUL SALAM, URDU TEACHER, B.E.M. U.P.SCHOOL, TRIKKATTIRI, PALAKKAD DISTRICT. 2. THE ASST.EDUCATIONAL OFFICER, OTTAPALAM, PALAKKAD DISTRICT. 3. THE HEADMASTER, B.E.M.U.P. SCHOOL, THRIKKATTIRI, OTTAPPALAM, PALAKKAD DISTRICT. GOVERNMENT PLEADER SRI.K.SANDESH RAJA FOR R2 THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 17/11/2008,THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: Rs/ J.B. Koshy & Thomas P.Joseph, JJ. -------------------------------------- W.A. No. 2172 of 2008 --------------------------------------- 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. ------------------------------------- W.A.No.2172/2008 ------------------------------------- Judgment Date:17th November,2008