BOARD OF TRUSTEES Vs. R JANARDANAN AND OTHERS

JUDGEMENT

(1.) The Board of Trustees of Dr. Padiyar Memorial Homoeopathic Medical College (hereinafter referred to as the 'Management') - the 3rd respondent in the writ petition, as well as the Principal (under suspension) - the petitioner in the Writ Petition, are the appellants in W.A. 754 of 2015 and 784 of 2015 respectively, who are challenging the very same judgment. The parties are referred to herein, as described in the Writ Petition.

(2.) Petitioner who is the Principal of the College was arrested consequent to registration of a crime against him in the Police Station at Sakleshpur in Karnataka, under Section 420 of IPC. Consequent to this and on account of his unauthorized absence, he was placed under suspension by Ext.P4 order dated 12.4.2013. The writ petition was filed on 24.10.2013, challenging the order of suspension. Subsequent to the filing of the writ petition, Ext.P8 memo of charges dated 24.10.2013, was issued to him, which was also challenged. The suspension is challenged on the ground that it is in violation of Section 60(2) of the Kerala University Act, which provides that a private teacher shall not be placed under suspension except when disciplinary proceedings are initiated. The disciplinary proceedings are challenged on the ground that there is no permission obtained from the Vice Chancellor for continuance of the same beyond the period of 3 months as stipulated in Section 60(4) of the Kerala University Act.

(3.) The learned Single Judge upheld the suspension on the ground that it is an inherent power of the appointing authority. Regarding disciplinary action, the management was directed to finalise it after getting permission from the Vice Chancellor. In the meanwhile, the petitioner is directed to be re- instated, but without permitting him to discharge the duties and responsibilities of Principal.