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1991 DIGILAW 126 (KER)

Manager, Bavappara M. L. P. School v. Government of Kerala

1991-03-14

VARGHESE KALLIATH

body1991
Judgment :- Petitioner is the Manager of Bavappara M.L.P. School. The 3rd respondent in the Original Petition is the Headmistress of the school. Certain charges were framed against the 3rd respondent by the petitioner and exercising the power under Rules 70 and 75 of Chapter XIV A of the Kerala Education Rules thereinafter referred to as 'the rules'), the petitioner imposed a penalty of withholding of three increments of the 3rd respondent-Headmistress continuously and with cumulative effect. 2. As per the provisions of the Rules, the action taken by the Manager requires ratification of the Assistant Educational Officer under Rule 70 of Chapter XIV A of the Rules. The Assistant Educational Officer refused to ratify the action taken by the Manager. The order refusing to ratify the action by the Assistant .Educational Officer is Ext.P9. The Manager filed a revision under rule 92 of Chapter XIV A of the Rules before the Government. The revision was disposed of by order, G.O. Rt. No. 3417/87/ G. Edn. dated 10-11-1987. Copy of the order is Ext. P11. Ext. P11 order has been passed disposing of the revision filed by the Manager before the Commissioner & Secretary to Government. Though from the order, it is not clear, I got it verified through the Government Pleader that the order, Ext. P11 was passed by the Deputy Secretary to Government. 3. This Court had occasion to say that the jurisdiction under R.92 of Chapter XIV-A of the Rules can be exercised only by the Minister or at least by an officer of the rank and status of the Secretary to Government. In considering this aspect of the matter; this Court said that the revisional jurisdiction granted to the Government by the legislature tinder R.92 of Chapter XIV A of the Rules is very wide in terms. It comprehends revisional power on orders passed by the Director of. Public Instruction. So when the power is given to the Government to revise even an order of the Director of Public Instruction, it is only proper that the power is exercised by a higher authority. It comprehends revisional power on orders passed by the Director of. Public Instruction. So when the power is given to the Government to revise even an order of the Director of Public Instruction, it is only proper that the power is exercised by a higher authority. Further, it has to be noted that Rule 92 of Chapter XIVA of the Rules gives suo mote power to the Government and this is also a reason for holding that revisions filed under R.92 of the Rules before the Government should be heard and disposed of if possible, by a Minister or at least by an officer of the rank and status of the Secretary to Government. 4. Ext.P11 order has been passed disposing of the revision filed under R.92 of Chapter XIV A of the Rules by an incompetent officer and so the order is unsustainable. It has to be set aside. I do so and I direct that the revision filed by the Manager has to be disposed of by a proper authority without any further delay. Original Petition is disposed of as above.