Kerala High Court
Dr.Bindu George vs Acquinas College on 23 June, 2022
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN
Thursday, the 23rd day of June 2022 / 2nd Ashadha, 1944
WP(C) NO. 13292 OF 2022(J)
PETITIONER:
DR.BINDU GEORGE, HEAD OF DEPARTMENT, DEPARTMENT OF ECONOMICS (UNDER
ORDER OF SUSPENSION), AQUINAS COLLEGE, EDAKOCHI, COCHIN 682 010
RESPONDENTS:
1. ACQUINAS COLLEGE, EDACOCHIN, COCHIN 682 010, REPRESENTED BY THE
MANAGER
2. THE EDUCATIONAL AGENCY,DISCIPLINARY AUTHOPRITY ACQUINAS
COLLEGE,EDACOCHIN,COCHIN 682010
3. MAHATMA GANDHI UNIVERSITY, REPRESENTED BY ITS REGISTRAR,
PRIYADARSHINI HILLS, KOTTAYAM
4. FR JOSEPH CHIRAMMEL, MANAGER, AQUINAS COLLEGE, EDACOCHIN, COCHIN 682
010
5. SRI PRASUN S., ADVOCATE (INQUIRY AUTHORITY IN THE MATTER OF INQUIRY
INTO THE CHARGES AGAINST DR. BINDU GEORGE), 5TH FLOOR, EMPIRE
BUILDINGS, OPP. CENTRAL POLICE STATION, NEAR HIGH COURT OF KERALA,
KOCHI 18
Writ petition (civil) praying inter alia that in the circumstances
stated in the affidavit filed along with the WP(C) the High Court be
pleased to issue an interim order of stay Exhibit P17 and all further
proceedings pursuant thereto, pending disposal of this Writ
Petition(civil).
This petition again coming on for orders upon perusing the petition
and the affidavit filed in support of WP(C) and this Court's order dated
02-06-2022 and upon hearing the arguments of SRI.P.C.SASIDHARAN, Advocate
for the petitioner, SRI. ABRAHAM VAKKANAL(SENIOR ADVOCATE) along with M/S.
PAUL ABRAHAM VAKKANAL, ROHITH.C. & VINEETHA SUSAN THOMAS,Advocates for
respondents 1,2 & 4 and of SRI. SURIN GEORGE IPE,STANDING COUNSEL for
respondent 3 and of SRI.KURIAN GEORGE KANNAMTHANAM, amicus curiae, the
court passed the following:-
DEVAN RAMACHANDRAN, J.
=========================
W.P.(C) No.13292 of 2022
==========================
Dated this the 23rd day of June, 2022
ORDER
I have heard this case in detail, but I am of the view that an
out of Court settlement must be explored before I deliver
judgment.
2. In fact, on an earlier occasion, when this Court heard this
matter, such a suggestion was made and today, Sri.Abraham
Vakkanal, learned senior counsel, instructed by Sri.Rohith C.,
appearing for respondents 1, 2 and 4 submitted that if the
petitioner makes a sincere and unconditional apology in a meeting
to be convened of the Educational Agency, Manager, Principal-in-
charge and staff of the college, they are willing to accept it and
close all disciplinary action.
3. Sri.P.C.Sasidharan, learned counsel appearing for the
petitioner, submitted that his client is willing to offer such an
unconditional apology, but without admitting the charges, as a
manner of fairness, so as to put a quietus to the controversy, but
not in the presence of the staff, since this will erode the morale
and dignity of his client. He, however, added that if the college is
insisting, then Sri.Vijo M.Joy and Sindhu P.S., against whom his
client is alleged to have made certain comments - without
admitting it, can also be allowed to be present.
4. At this time, Sri.Abraham Vakkanal, learned senior
counsel, submitted that, for the afore exercise to be meaningful,
the presence of a senior member of this Court may also be
necessary and he prayed that an Advocate Commissioner be so
appointed.
5. Sri.P.C.Sasidharan, on the other hand, submitted that if
a senior Advocate of this Court can act as an amicus curiae, it
will be a better scenario.
6. Taking note of the afore and since this Court reposes
full confidence in Sri.Kurian George Kannamthanam, learned
senior counsel, I request him to act as an amicus curiae and
be present in the meeting for the afore purpose, which shall
be convened at 11 A.M. on 02.07.2022.
I record that the petitioner has acceded to this; and I thus
clarify that the meeting will have no one else other than the
Edcuational Agency, Manager, Principal-in-charge, Sri.Vijo M.Joy
and Smt.Sindhu P.S.
List on 04.07.2022.
H/o.
Sd/- DEVAN RAMACHANDRAN,
JUDGE
stu
23-06-2022 /True Copy/ Assistant Registrar
