LAWS(KER)-2012-1-220

LEELAMONY Vs. S.N. TRUST

Decided On January 14, 2012
Leelamony Appellant
V/S
S.N. Trust Respondents

JUDGEMENT

(1.) These matters relate to a teacher employed in a private college under a corporate management governed by the provisions of the Kerala Universities Act, 1974, for short, the 'Act', and the statutes framed thereunder. Hereinafter, we refer to her as 'the teacher'.

(2.) The teacher's husband, while Principal of a college under the same management faced disciplinary proceedings. He got a favourable interlocutory judicial order and approached the management requesting to give effect to it. Allegedly, he was subjected to some physical restraint. That appears to have led his wife, the teacher, to go over to the headquarters of the management. The allegation is that she behaved in a rude and unruly manner by making some utterances against the management and by creating a scene by detaining some of the officials of the management. It appears that the husband's demotion from the category of Principal to that of Selection Grade Lecturer was interfered with by this Court and the Apex Court has affirmed such interference.

(3.) The aforesaid allegations against the teacher led to disciplinary proceedings, including domestic enquiry through an advocate. The disciplinary authority accepted the findings in the enquiry and imposed the punishment of barring of two increments with cumulative effect. The teacher challenged it before the Tribunal constituted under the Act. The Tribunal affirmed the management's decision, holding that the only argument raised, the one based on sub- section (4) of section 60 of that Act, was unsustainable and that there is no ground to interfere with the findings of the enquiry officer. She has challenged that decision of the Tribunal by filing C.R.P.364/11.