LAWS(KER)-2017-8-339

MANAGER, ANSAR ARABIC COLLEGE VALAVANNUR, MALAPPURAM DISTRICT 676 551A AND OTHER Vs. SRI. P. SHAMSUDHEEN SON OF P. PAREEDKUTTY AND OTHERS

Decided On August 17, 2017
Manager, Ansar Arabic College Valavannur, Malappuram District 676 551A And Other Appellant
V/S
Sri. P. Shamsudheen Son Of P. Pareedkutty And Others Respondents

JUDGEMENT

(1.) The C.R.P.(UTY) No.618 of 2015 is filed against an order passed by the Calicut University Appellate Tribunal, Thiruvananthapuram dated 16.5.2015 in University Appeal No.3/2014. The issue decided by the Tribunal was in regard to an order of dismissal passed by the college against the first respondent in the above C.R.P. The Tribunal by the impugned order found that the order of dismissal was passed in violation of principles of natural justice and accordingly directions have been issued. This revision was filed as early as on 9.11.2015 and so far no steps seems to have been taken either to conduct a fresh enquiry or to pay the subsistence allowance as well.

(2.) The learned counsel appearing for the petitioner submits that he has no objection regarding the conduct of a fresh enquiry. However, he had dispute in regard to the clause which permits reinstatement of service of the delinquent if the subsistence allowance is not paid within six months from the date of judgment.

(3.) The Management had already issued communication to the Director of Collegiate Education to pay the subsistence allowance. But the same had not been paid so far on reasons best known to the department.