Dr. Reena George vs The Manager, Karmela Rani ...
2021 Latest Caselaw 15767 Ker

               IN THE HIGH COURT OF KERALA AT ERNAKULAM
                               PRESENT
                THE HONOURABLE MR. JUSTICE AMIT RAWAL
        FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943
                       WP(C) NO. 25046 OF 2017
PETITIONER:

           DR. REENA GEORGE,
           ASSOCIATE PROFESSOR, KARMELA RANI TRAINING COLLEGE,
           NEAR ST. ALOYSISUS HSS, FATHIMA ROAD,
           CUTCHERY P.O., KOLLAM-691013.

           BY ADV SRI.P.C.SASIDHARAN


RESPONDENTS:

    1      THE MANAGER, KARMELA RANI TRAINING COLLEGE
           NEAR ST. ALOYSIUS HSS, FATHIMA ROAD,
           CUTCHERY P.O., KOLLAM-691013.

    2      THE PRINCIPAL
           KARMELA RANI TRAINING COLLEGE, NEAR ST. ALOYSIUS HSS,
           FATHIMA ROAD, CUTCHERY P.O., KOLLAM-691013.

    3      FR. JOSEPH J, SELECTION GRADE LECTURER, KARMELA RANI
           TRAINING COLLEGE, NEAR ST. ALOYSIUS HSS, FATHIMA ROAD,
           CUTCHERY P.O., KOLLAM-691013.

    4      THE REGISTRAR, UNIVERSITY OF KERALA, PALAYAM,
           THIRUVANANTHAPURAM-695 034.

    5      THE GOVERNMENT OF KERALA
           REPRESENTED BY THE SECRETARY TO GOVERNMENT,
           HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT,
           THIRUVANANTHAPURAM-695001.

           BY ADVS.SRI.JOHN JOSEPH VETTIKAD
           SRI.C.JOSEPH JOHNY
           SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA
           SRI.C.JOSEPH JOHNY

           SR GP SRI BIMAL K NATH


     THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON
30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 25046 OF 2017
                                    2



                              JUDGMENT

Petitioner, against the imposition of the minor penalty of

withholding the promotion as per the Kerala University Statute

1979 preferred an Appeal before the Tribunal which was

dismissed being not maintainable, has invoked the jurisdiction of

this Court under Article 226 of the Constitution of India on

various grounds ie., on merit as well as on the fact that the order

of punishment as per Statute 69(ii) do not prescribe any bar for

consideration of promotion as it was a minor penalty. However,

Note 2 to Rule 11 of Kerala Civil Services (Classification, Control

and Appeal) Rules 1960 provides maximum period of six months.

Penalty was imposed on 01.06.2016, it was more than 5 years

but no steps were taken by the college for recommending the

case of the petitioner for promotion particularly when the

petitioner is retiring in the next year ie., 2022. Vide

I.A.No.1/2021 the direction of this Court is being sought for

directing the respondent college and University to take a call on

the communication dated 30.06.2021 Ext.P5 for consideration of

promotion.

WP(C) NO. 25046 OF 2017

2. In response to the aforementioned writ petition a

counter affidavit has been filed to this Court taken on record.

From the counter it is revealed that in respect of some

examination held on 26.02.2020 a final year student of B.Ed

college had attributed certain misbehavior against the petitioner

and syndicate decided to seek clarification from the concerned

invigilator, but the training college vide communication dated

07.07.2021 issued to the petitioner said that pendency of the

enquiry would not be a bar for consideration of the case of

promotion of the petitioner and the petitioner had been advised

to be in touch with the college for further action.

Considering the aforementioned facts, I dispose of the writ

petition by directing the college to submit the relevant papers of

the petitioner for consideration of promotion under the Career

Advancement Scheme as expeditiously as possible within a period

of 20 days from the date of receipt of copy of this judgment and

thereafter the University will take a call within a period of one

month therefrom. All these orders should be subject to the

condition imposed in the letter dated 07.07.2021 of the 1 st

respondent. If the petitioner is found suitable necessary order of WP(C) NO. 25046 OF 2017

promotion subject to the outcome of the enquiry can also be

passed.

Sd/-

AMIT RAWAL JUDGE nak WP(C) NO. 25046 OF 2017

APPENDIX OF WP(C) 25046/2017

PETITIONER EXHIBITS

EXHIBIT-P1 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 30/07/2016 EXCLUDING THE ANNEXURES

EXHIBIT-P2 TRUE COPY OF THE ORDER OF PUNISHMENT DATED 01/06/2016

EXHIBIT-P3 TRUE COPY OF THE ORDER IN I.A 19/2016 IN UNIVERSITY APEAL NO. 6/2016 DATED 25/03/2017

EXHIBIT-P4 TRUE COPY OF THE EXPLANATION FILED BY THE PETITIONER TO THE ENQUIRY REPORT

EXHIBIT-P5 TRUE COPY OF THE COMMUNICATION DATED 30/06/2021

RESPONDENTS EXHIBITS

EXHIBIT R1 (A) TRUE COPY OF THE UNIVERSITY ORDER NO:AD/D11/GENERAL/UGC-R2018/2021 DATED 07/05/2021

EXHIBIT R1 (B) THE TRUE COPY OF THE MINUTES OF THE SYNDICATE MEETING HELD ON 17/02/2021

EXHIBIT R1 (C) REVIEW REPLY DATED 7TH JULY 2021 ADDRESSED TOTHE PETITONER BY THE 1T RESPONDENT