R SURESH Vs. CHAIRMAN

JUDGEMENT

(1.) The petitioner, while working as Professor and Head of the Department of Community Medicine, Athurasramom NSS Homoeo Medical College, was dismissed from service as per Ext.P27 order dated 18.8.2010.

(2.) Sri.Govind K.Bharathan, the learned senior counsel appearing for the petitioner, submitted that Ext.P27 is the result of a clear victimisation and malafides. It is pointed out that on earlier occasions, the petitioner was proceeded against and he was dismissed from service. On those occasions, the matter was taken before the University Appellate Tribunal and before the High Court. On two occasions, the High Court set aside the orders of dismissal. It is also pointed out that the Honourable Supreme Court confirmed the orders passed by the High Court. It is pointed out that this is the third attempt and as per Ext.P27, the petitioner was dismissed from service. Learned senior counsel pointed out that in the peculiar facts and circumstances of the case, the jurisdiction under Article 226 of the Constitution of India can be exercised in the case to interfere with the order of dismissal, on the ground of victimisation and malafides.

(3.) Sri.T.A.Shaji, learned counsel appearing for the fourth respondent, submitted that the petitioner is having an effective alternative remedy to file an appeal against Ext.P27 order under Section 63(6) of the M.G.University Act. The further remedy after the matter is disposed of by the University Appellate Tribunal is to file a revision before the High Court. In these circumstances, he submitted that bypassing these remedies, the petitioner is not entitled to approach this Court under Article 226 of the Constitution of India.