JOHN KURIAKOSE Vs. STATE OF KERALA

JUDGEMENT

(1.) The petitioner, while working as Selection Grade Lecturer in the Department of English, Mar Athanasius College of Arts and Science, Kothamangalam, was selected and appointed as the Principal of the 5th respondent's College, namely, the St.Mary's College, Manarcaud, Kottayam with effect from 3.7.2000. The petitioner's appointment as Principal was approved by the Syndicate of the Mahatma Gandhi University, as evidenced by Ext.P4. While continuing as Principal, disciplinary proceedings were initiated against the petitioner and pending the proceedings, he was placed under suspension by order dated 3.9.2003. The petitioner challenged his suspension before this Court by filing W.P.(C) No.29801 of 2003. The writ petition was referred to a Full Bench to consider and answer the question as to whether writ will lie against the management of an aided private College. By Ext.P5 judgment dated 27.7.2004, the Full Bench opined that the question regarding maintainability need not be gone into in the facts and circumstances of the case. It was noted that the enquiry ordered against the petitioner had reached its final stage and that if the management imposes any punishment on the basis of the enquiry report, petitioner has got an effective alternative remedy by way of appeal before the University Tribunal under Section 63(6) of the M.G. University Act. The writ petition was hence disposed of without expressing any opinion on the merits of the case and granting liberty to the management to pass appropriate orders in accordance with law.

(2.) By Ext.P6 proceedings dated 17.08.2004, the 5th respondent required the petitioner to show cause why the punishment of removal from service or the punishment of reduction to the lower post of Selection Grade Lecturer in English in the Department of English at the St.Mary's College, Manarcaud, should not be imposed on him. The petitioner was also informed that in case he wishes to be relieved from the post of Principal of the St.Mary's College, Mannarcaud to rejoin duty as Selection Grade Lecturer in English at the Mar Athanasius College, Kothamangalam, he may inform the 5th respondent about his intention. In reply, the petitioner submitted that from the show cause notice, he was not able to understand as to what exactly was the punishment proposed. Thereupon, the 5th respondent issued Ext.P8 communication clarifying that the punishment proposed was of either removal from service or reduction to the lower post of Selection Grade Lecturer in English in the Department of English in St.Mary's College. It was also stated that the option of rejoining duty as Selection Grade Lecturer in English in the Department of English at Mar Athanasius College of Arts and Science, Kothamangalam exercising the petitioner's lien in the said post, was offered as an alternative for averting imposition of either of the two proposed punishments. Later, by Ext.P10 proceedings dated 12.10.2004, the 5th respondent informed the petitioner that his appointment on deputation as Principal of the St.Mary's College stands terminated with effect from 12.10.2004 and he is reverted to the post of Selection Grade Lecturer in the Department of English, Mar Athanasius College of Arts and Science, Kothamangalam. Ext.P10 was followed up with Ext.P11 order dated 15.10.2004 by which the petitioner was intimated that he was relieved of his duties at the St.Mary's College with immediate effect with instruction to report before the Principal of Mar Athanasious College. Though the petitioner submitted a representation before the 5th respondent pointing out the illegality in terminating his deputation, the 5th respondent reiterated his stand through Ext.P12.

(3.) The petitioner thereupon filed W.P.(C) No.36422 of 2004 seeking the following reliefs:-