Shiny George Ambat vs Union Of India
2023 Latest Caselaw 8442 Ker

                   IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                   PRESENT
                 THE HONOURABLE MR. JUSTICE ALEXANDER THOMAS
                                      &
                  THE HONOURABLE MR.JUSTICE C. JAYACHANDRAN
            Monday, the 7th day of August 2023 / 16th Sravana, 1945
                              WA NO. 1391 OF 2023

   AGAINST THE JUDGMENT DATED 12.06.2023 IN WP(C) 25484/2017 OF THIS COURT.

APPEALLANT/ PETITIONER IN THE WRIT PETITION


      SHINY GEORGE AMBAT, WIFE OF SUNNY GEORGE, AGED 53 YEARS, CHIEF
      FINANCE OFFICER (UNDER ORDER OF TERMINATION), INDIAN INSTITUTE OF
      MANAGEMENT, KOZHIKODE, RESIDING AT VILLA NO.16, BLUE NOON VILLA,
      KARANTHUR P.O., KUNNAMANGALAM, KOZHIKODE, KERALA- 673571

  BY ADVOCATES M/S.REKHA VASUDEVAN, ELIZABETH V.JOSEPH, SOYA D.C, MAHESH
  C.R. & ROJIT ZACHARIAH,

 RESPONDENTS/RESPONDENTS IN THE WRIT PETITION:

    1. UNION OF INDIA, REPRESENTED BY THE SECRETARY TO THE GOVERNMENT OF
       INDIA, MINISTRY OF HUMAN RESOURCE DEVELOPMENT, DEPARTMENT OF HIGHER
       EDUCATION, TECHNICAL SECTION, SHASHTRI BHAWAN, NEW DELHI-, PIN -
       110001
    2. THE INDIAN INSTITUTE OF MANAGEMENT, REPRESENTED BY ITS DIRECTOR IN
       CHARGE, CAMPUS P.O., KOZHIKODE, KERALA,PIN - 673570
    3. THE BOARD OF GOVERNORS, REPRESENTED BY ITS CHAIRMAN, INDIAN
       INSTITUTE OF MANAGEMENT, CAMPUS P.O., KOZHIKODE - KERALA, PIN -
       673570
    4. THE CHIEF ADMINISTRATIVE OFFICER, INDIAN INSTITUTE OF MANAGEMENT,
       CAMPUS P.O., KOZHIKODE,KERALA, PIN - 673570
    5. PROF. KULBHUSHAN BALOONI, DIRECTOR IN CHARGE, INDIAN INSTITUTE OF
       MANAGEMENT, CAMPUS P.O., KOZHIKODE - , PIN - 673570
    6. SREE CHITRA TIRUNAL INSTITUE FOR MEDICAL SCIENCE AND TECHNOLOGY,
       REPRESENTED BY ITS DIRECTOR, THIRUVANANTHAPURAM. [DELETED]
       [RESPONDENT NO.6 IS DELETED FROM THE PARTY ARRAY AS PER ORDER DATED
       02/08/2017 IN WP(C)].

      Prayer for interim relief in the Writ Appeal stating that in the
 circumstances stated in the appeal memorandum, the High Court be pleased
 to stay the operation of the impugned judgment dated 12.06.2023 in
 W.P.(C). No. 25484 of 2017.
      This Writ Appeal coming on for orders on 07/08/2023 upon perusing
 the appeal memorandum, the court passed the following:
    ALEXANDER THOMAS & C.JAYACHANDRAN, JJ.
==========================================
             W.A. No.1391 of 2023
  [arising out of the impugned judgment dated 12.06.2023 in W.P.(C) No.25484/2017]
  ========================================
                   Dated this the 07th day of August, 2023

                                 ORDER

Admit writ appeal.

2. Sri. M.Gopikrishnan Nambiar, learned Advocate, has

taken notices for respondents 2 to 5. Sri.S. Manu, learned Deputy

Solicitor General of India, has taken notice for the 1 st respondent

herein (Union of India).

3. Taking note of the facts and circumstances of this case, it

is ordered, in the interest of justice, that the termination of the

probationary appointment of the petitioner as 'Chief Finance Officer'

of the respondent Indian Institute of Management, Kozhikode, in

terms of the impugned Ext.P30 proceedings No.29-07(B-213)/2017-

IIMK.HR dated 20.02.2017, issued by the Director of the 2 nd

respondent Indian Institute of Management, Kozhikode, will be

subject to the outcome of this writ appeal.

4. Both sides will apprise this Court as regards the

applicability or otherwise of the dictum laid down in the decision

rendered by the Full Bench of this Court in the case in

Preethakumari v. Joint Registrar of Co-operative

Societies (General) [2022 (5) KLT Online 1013 (FB) = ILR 2022

(4) Ker. 273] as well as the various case laws of the Apex Court,

referred to in the said Full Bench decision and the decision of the

learned Single Bench of this Court in Girish v. State of Kerala

[2020 (1) KLT Online 1176 = ILR 2020 (2) Ker. 676], etc., to the

facts of this case. The applicability of the various case laws, in

decisions as in Board of Control for Cricket in India (BCCI)

v. Cricket Association of Bihar & Ors. [(2015) 3 SCC 251],

Board of Control for Cricket in India (BCCI) v. Cricket

Association of Bihar & Ors. [(2016) 8 SCC 535], Pradeep

Kumar Biswas v. Indian Institute of Chemical Biology &

Ors. [(2002) 5 SCC 111], K.K. Saksena v. International

Commission on Irrigation and Drainage & Ors. [(2015) 4

SCC 670, para 52], etc., to the facts of this case should also be

addressed by both sides.

5. Since the above termination order has been issued as

per Ext.P30 on 20.02.2017, and as the instant writ petition, W.P.

(C) No.25484/2017 has been filed as early as on 29.07.2017, the

matter in this appeal will have to be disposed of without much

delay. Both sides should get ready for the disposal of the main

matter in the writ appeal.

List the case in the petition list at 1.45 p.m. on 15.09.2023.

Hand over a copy of this order to both sides.

Sd/-

ALEXANDER THOMAS, JUDGE

Sd/-

C.JAYACHANDRAN, JUDGE Skk//07082023