GREESHMA A. Vs. PRINCIPAL,MUNNAR CATERING COLLEGE

JUDGEMENT

(1.) The petitioner is a Post Graduate in Tourism Management. She was appointed as a Lecturer in the Department of House Keeping at Munnar Catering College, Munnar, on 12.7.2017. At the time of appointment, the original of her SSLC and PG certificates were handed over to the 1st respondent for verification and safe custody. According to the petitioner, by order dated 10.2.2018, she was suspended from service with immediate effect on the allegation that she conspired with another faculty member and a student. They are alleged to have circulated certain messages in social media, which portrayed the College in very poor light.

(2.) According to the petitioner, the allegations are untrue. One Jishnu Vinod had levelled a complaint before the authorities complaining that the facilities offered to the students were below par. Certain faculty members, including the petitioner, supported him. According to the petitioner, on receipt of the suspension order, she vacated her accommodation. Immediately thereafter, she submitted a representation before the 1st respondent requesting him to hand over the certificates so as to enable her to apply for another job. However, her request was not acceded to by the 1 st respondent. It is further stated that the student had approached this Court and by judgment dated 3.4.2019, a copy of which is produced as Ext.P8, this Court had directed the 1st respondent to return the entire certificates. It is on these contentions that she has sought for a direction to the respondents 2 and 3 to order the 1 st respondent to return her original certificates within a time frame.

(3.) The 1st respondent has filed a counter affidavit, wherein it is contended that as per the terms of appointment order, the petitioner was bound to serve the College for a minimum period of 12 months. She had also executed an agreement with the Management accepting the terms of the appointment. However, the petitioner, in violation of the terms and conditions, conspired with another faculty member and a student to circulate slanderous messages with a view to circulate the same through social media. It is contended that the circulation of the message proved quite damaging to the College. Complaining of the illegal acts of the faculty members and the students, Ext.R1(b) complaint was lodged before the police. According to the 1 st respondent, the petitioner was bound to render her service to the College for a minimum period of 12 months and in case of default on her part in fulfilling the obligations, she was bound to pay to the 1 st respondent an amount equivalent to three months' salary as compensation. It is contended that by the voluntary act of the petitioner, she made herself unsuitable for the post to which she was appointed. The 1st respondent was well justified in retaining the certificates until the terms and conditions of the appointment order and contract agreement are fulfilled is the contention.