ABDU SALAM Vs. STATE OF KERALA

JUDGEMENT

(1.) WHILE serving as Lecturer in Mathematics, in Government College , Calicut the petitioner was, by Ext. P1 order dated 13-6-1968 deputed as Principal of the Me S. College, Ponnani, an institution run by a private agency, namely the muslim Educational Society (M. E S. for short ). The detailed terms and conditions of deputation followed by Ex. P2 G. O. dated 25 91968, which stated the period of deputation to be for two years, and that the terms and conditions other than those specified therein were to be governed by the provisions of chapter XI, Part I of the Kerala Service Rules. By Ext. P3 order dated 7-7-1970, while extending the period of deputation for a further term of three years, on the same conditions, the action of the M. E. S. in having transferred the petitioner from the College at Ponnani to the College at Mampad was ratified. By Ext. P4 order dated 18-7-1972, the petitioner was recalled from deputation before the expiry of the period. The ground stated for the action was that complaint had been received against the petitioner that he had collected funds from the public as well as from students for the benefit of the m. E. S. institutions and that he issued press statements which were given prominence in most of the leading Malayalam dailies published from Calicut. By a subsequent order dated 26-7-1972 (not produced but referred to in Ext. P12)he was posted to the Government College, Kasaragod. The Muslim Educational society interceded by Ex. P5 dated 23-7-1972 to get Ex. P4 recalled. The petitioner himself sent the original of Ex. P6 dated Ist August 1972, stating that the M. E. S. had offered him a permanent appointment as Principal in the service of its institution, and that the circumstances he was resigning from Government service and that the communication may be treated as his resignation with effect from 1-8-1972. Ext. P7 dated 2-8-1972 is a copy of the appointment order by the M. E. S. of the Petitioner as Principal on quite favourable terms. Ext. P8 communication dated 6-9-1972, from the secretary to the Government Education Department to the correspondent of the m. E. S. College Committee, with copy to the petitioner stated that a preliminary enquiry by the Director of Collegiate, Education on the allegations against the petitioner was afoot, and that he resignation of the petitioner was to escape enquiry and further disciplinary act on. To this, the petitioner replied by ext. P9 dated 21-9-1972 that he was unaware of the preliminary enquiry, and that if the complaint petition recited as No 4 in Ext P4 was the foundation of the enquiry the same had already been enquired into by the M. E. S. and found to be false and baseless. This was followed by Ext. P10 letter dated 14-10-1972, from the petitioner calling attention to Ext. P9 and presuming that the resignation had been accepted by the Government By Ext P11 letter dated 9-11-1972 to the Manager, Mampad College, the Government stated that the management of the College was abetting the disobe dience of orders by a government Officer deputed for service in a private insti-totion, and requested that the Principal be relieved to enable him to join duty in his nee post. Ext. P12 dated 22-11-1972 is the copy of a further communi-cation from the government to the petitioner, viewing his continuous disobe-dience of government orders gravely, and threatening disciplinary measures.

(2.) THE petitioner seeks a writ of certiorari to quash exts. P4, P8 P11 and P12; and a declaration that he is no longer a Government servant and that the respondents had no jurisdiction to take disciplinary action against him, or, in the alternative a direction to the Government to accept his resignation from Government service.