ASHA KISHORE Vs. SAJITH SUKUMARAN

JUDGEMENT

(1.) We have heard Sri.K.Jaju Babu, the learned senior counsel appearing for the petitioner, Sri.Elvin Peter.P.J., the learned counsel appearing for the 1 st respondent, Sri.P.Vijayakumar, the learned ASGI and Sri.M.R.Hariraj, the learned counsel appearing on behalf of respondents 3 and 4.

(2.) This original petition has been filed challenging an interim order dated 05.08.2020 by which the Tribunal had stayed Annexure- A15 until further orders and direction had been issued to the Union of India, to make necessary arrangments for the smooth functioning of the Sree Chitra Tirunal Institute in terms of Section 26 of the Sree Chitra Tirunal Institute for Medical Sciences & Technology, Trivandrum Act, 1980 (hereinafter referred to as, the Act , for short)

(3.) The original application has been filed by the first respondent challenging an order passed by the Institute extending the appointment of the petitioner herein as Director of the Institute for a period of five years until her date of superannuation i.e., on 28.02.2025. The Tribunal having considered the respective contentions had observed that there is no provision enabling the Institute or its general body or President to extend the term of the Director and there is no power vested with them to extend the tenure for another term of five years. It was further observed on the basis of the submissions of the Union of India that there are certain allegations against the present Director and the Government had appointed a fact finding committee and the committee had given various suggestions. Though the suggestions were pending consideration, the term of the Director had been extended. It was, therefore, found that in the absence of a specific provision enabling an extension to be granted for the petitioner herein, Annexure-A15 order is to be stayed.