WILSANAND V. Vs. REGISTRAR, UNIVERSITY OF CALICUT

JUDGEMENT

(1.) The acme question in this case is whether disciplinary action against a teacher can be continued by an Aided College, under the provisions of the 'First Statutes in respect of Pension, Provident Fund, Gratuity, Insurance and Age of Retirement of Teachers of Private Colleges, 1976 of the Calicut University' (hereinafter referred to as the 'First Statutes' for short).

(2.) The afore issue has been impelled for consideration of this Court in this writ petition because, while the petitioner was working as an Associate Professor in the services of the Sree Narayana College, Alathur, he was imputed with certain allegations, through Exts.P2 and P3 Memos of Charges. This led to serious disputations and a series of litigations; and while so, the petitioner retired from service on 31/5/2021. The 3rd respondent - Corporate Manager, however, continued with the disciplinary action against the petitioner, which has now ended in Ext.P22 order, imposing a punishment of reduction of 20% from the pensionary benefits of the petitioner.

(3.) The petitioner asserts that Ext.P22, as also the other impugned orders relating to the disciplinary enquiry, are illegal and unlawful and that no such action could have been continued against him, after he had retired from service on 31/5/2021.