LAWS(KER)-2005-5-22

MANAGER ST MICHAELS COLLEGE Vs. V S ANDREWS

Decided On May 16, 2005
Manager St Michaels College Appellant
V/S
V S Andrews Respondents

JUDGEMENT

(1.) First respondent petitioner, a Senior Superintendent of St. Michael's College, Cherthala, an aided college, was removed from service by Ext. P 12 order. When he challenged the above order, the learned Single Judge set aside the order on the ground that the Manager, the disciplinary authority, who issued the order of removal was a witness in the enquiry and there was bias on his part. Since the petitioner attained the age of superannuation before the case was disposed of, the Management was directed to pay the consequential benefits to the petitioner. Aggrieved by the above judgment, this appeal was filed.

(2.) The short facts of the case are as follows: On 11-7-2000, the petitioner was served with Ext. P 1 memo of charges by the first respondent -- Manager. The main charges levelled against him were the following:

(3.) Petitioner was served with a copy of the enquiry report along with a notice to show cause why he should not be dismissed from service. Petitioner filed Ext. P 11 reply. His case in paragraph 2 of the reply is as follows: