Dr.K.P.Kailas vs Co-Operative Academy Of ...
2021 Latest Caselaw 19067 Ker

            IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                PRESENT
              THE HONOURABLE MR. JUSTICE AMIT RAWAL
 MONDAY, THE 13TH DAY OF SEPTEMBER 2021 / 22ND BHADRA, 1943
                     WP(C) NO. 18752 OF 2021
PETITIONER/S:

            DR.K.P.KAILAS, AGED 49 YEARS
            S/O. P.PURUSHOTHAMAN, THANAL, KARIKKANDAM,
            MADAPPALLY P.O., CHANGANASSERY, KOTTAYAM-686 546.

            BY ADVS.K.SIJU
            S.ABHILASH
            ANJANA KANNATH



RESPONDENT/S:

    1       CO-OPERATIVE ACADEMY OF PROFESSIONAL EDUCATION
            (CAPE),COLLEGE OF ENGINEERING, MUTTATHARA CAMPUS,
            VALLAKKADAVU, THIRUVANANTHAPURAM-695 008,
            REPRESENTED BY ITS DIRECTOR.

    2       KERALA INSTITUTE OF MAKING THE BEST (KIMB)
            PUNNAPRA NORTH, ALAPPUZHA-688 003 REPRESENTED BY
            ITS DIRECTOR.

    3       PRINCIPAL,INSTITUTE OF MANAGEMENT AND TECHNOLOGY
            (IMT), COLLEGE ROAD, PUNNAPRA NORTH, ALAPPUZHA-688
            003.



OTHER PRESENT:

            SRI M SASINDRAN SC


     THIS     WRIT   PETITION    (CIVIL)     HAVING    COME    UP    FOR
ADMISSION    ON   13.09.2021,     THE     COURT   ON   THE    SAME   DAY
DELIVERED THE FOLLOWING:
 WP(C) NO. 18752 OF 2021



                                -2-


                            JUDGMENT

(Dated this the 13th day of September, 2021)

Ext.P3 an order dated 3.8.2021 has been passed by Director of Co-operative Academy of Professional Education on the basis of audit report dated 30.6.2021, reflecting some grave misappropriation of public money, whereby the petitioner has been suspended with liberty to claim subsistence allowance as per Rule 55 Part I KSR. The learned counsel for the petitioner submitted that the aforementioned order has been passed without any opportunity of hearing nor any memo so far has been issued as more than one month has been gone-by.

2. The learned counsel for the first respondent submits that the provisions of Co-operative Society would not be applicable as the respondent Institute is registered under The Travancore-Cochin Literary, Scientific and Charitable Societies Registration Act, 1955. There is no efficous remedy with regard to any subsistence allowance, even otherwise, by suspension order, no opportunity of WP(C) NO. 18752 OF 2021

hearing is required to be served in due course. No interference can be caused for.

3. I have heard the learned counsel for the parties.

4. The impugned reads as follows:

"On the basis of grave misappropriation of public money detected during audit conducted on 14.7.2021, 19.7.2021, 20.7.2021 and 28.7.2021 at the Kerala Institute of Making the Best (KIMB), Punnapra Dr.K P Kailas, Assistant Professor, IMT Punnapra, formerly Director in - charge, Kerala Institute of Making the Best is placed under suspension pending disciplinary action.

Dr.K P Kailas, Assistant Professor is entitled for subsistence allowance as per Rule 55 Part I KSR."

The suspension order is based upon the audit reports referred to therein, entitling the petitioner to subsistence allowance as per the provisions of KSR. It is true that whether the petitioner can be served with a memo, in fact the life span of the suspension order provided in KSR has not been so far expired. I do not intend to interfere with the WP(C) NO. 18752 OF 2021

suspension order. The Writ Petition is accordingly dismissed.

Sd/-

AMIT RAWAL, JUDGE.

dl/ WP(C) NO. 18752 OF 2021

APPENDIX OF WP(C) 18752/2021

PETITIONER EXHIBITS

Exhibit P1 THE COPY OF APPOINTMENT OF THE PETITIONER AS DIRECTOR, KIMB DATED 4.2.2019.

Exhibit P2 THE COPY OF PROCEEDINGS OF THE IST RESPONDENT DATED 16.7.2021.

Exhibit P3 THE COPY OF SUSPENSION ORDER DATED 3.8.2021 ISSUED BY THE IST RESPONDENT.