Dr. P P Shiju vs L.B.S Centre For Science And ...
2023 Latest Caselaw 4152 Ker

                     IN THE HIGH COURT OF KERALA AT ERNAKULAM
                                       PRESENT
                     THE HONOURABLE MR. JUSTICE SATHISH NINAN
         FRIDAY, THE 31ST DAY OF MARCH 2023 / 10TH CHAITHRA, 1945
                                WP(C) NO. 8765 OF 2023
PETITIONER:

              DR. P P SHIJU
              AGED 50 YEARS
              S/O PADMANABHAN, PUTHENPURAYIL HOUSE, PUTHUKAD, THATTAMPADI,
              NORTH PARAVUR, ERNAKULAM DISTRICT, NOW RESIDING AT
              'SREEVALSAM', SANRA A-38, SANKARAN NIAR ROAD, PERUKAVU P.O,
              THIRUVANANTHAPURAM, PIN - 695573

              BY ADV BIJIMON C.CHERIAN



RESPONDENTS:

     1        L.B.S CENTRE FOR SCIENCE AND TECHNOLOGY
              EXTRA POLICE ROAD, NANDAVANAM, PALAYAM,
              THIRUVANANTHAPURAM- 695033 REPRESENTED BY ITS DIRECTOR.

     2        THE DIRECTOR
              L.B.S CENTRE FOR SCIENCE AND TECHNOLOGY, EXTRA POLICE ROAD,
              NANDAVANAM, PALAYAM, THIRUVANANTHAPURAM, PIN - 695033
              REPRESENTED BY DR. ABDUL RAHIMAN M, THE DIRECTOR IN-CHARGE.




OTHER PRESENT:

              SMT.SHAMEENA SALAHUDHEEN, SC, LBS CENTRE FOR SCIENCE AND
              TECHNOLOGY




     THIS     WRIT   PETITION    (CIVIL)   HAVING   COME   UP   FOR   ADMISSION   ON
31.03.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
                      SATHISH NINAN, J.
            = = = = = = = = = = = = = = = = = =
                   W.P.(C) No.8765 of 2023
            = = = = = = = = = = = = = = = = = =
           Dated this the 31st day of March, 2023

                              J U D G M E N T

The petitioner while working as Associate Professor

in the Electronics and Communication Engineering (ECE)

Department of the LBS Institute of Science and

Technology, Institute of Technology for Women at

Poojappura, Thiruvananthapuram, was placed under

suspension. The suspension was revoked and he was posted

at the LBS College of Engineering, Kasaragod, as

Associate Professor, ECE Department. As per e-mail dated

05.03.2023, the petitioner sought for posting him at

Thiruvananthapuram, in the Institute where he was

working. As per Ext.P12, the request was rejected. It is

thereupon that the petitioner has approached this Court.

2. The petitioner places reliance on the Medical

Certificates- Exts.P8 to P10 to justify his claim for a

posting at Thiruvananthapuram.

W.P.(C) No.8765 of 2023

3. After having heard the learned counsel on either

side, I am of the opinion that the first respondent may

consider the petitioner's request and pass necessary

orders after affording an opportunity of hearing to him

with reference to Exts.P8 and P10 medical certificates

and such other documents as may be produced by him.

Resultantly, without expressing anything on the

merits, the writ petition is disposed of directing the

respondents to consider the petitioner's request for

transfer and posting at Thiruvananthapuram, after

affording the petitioner an opportunity of hearing and

with due consideration to the medical certificates and

such other documents that may be made available by the

petitioner. The order shall be passed dehors Ext.P12.

Let orders be passed within a period of one month from

the date of receipt of a copy of this judgment.

Sd/-

                                                    SATHISH NINAN
                                                         JUDGE

kns/-                       //True Copy//             P.S. to Judge
                       APPENDIX OF WP(C) 8765/2023

PETITIONER EXHIBITS

EXHIBIT P1             THE TRUE COPY OF THE RELEVANT PAGE OF THE

REGISTER OF PETITIONS DATED 11-03-2022 MAINTAINED IN THE POOJAPPURA POLICE STATION

EXHIBIT2 THE TRUE COPY OF THE MEMO DATED 25-04-2022 ISSUED BY THE PRINCIPAL IN CHARGE WITH ITS TYPED COPY

EXHIBIT P3 THE TRUE COPY OF THE EMAILS DATED 27-09-2022 AND 13-10-2022 SENT BY THE PETITIONER

EXHIBIT P4 THE TRUE COPY OF THE EMAIL DATED 14-11-2022 SENT BY THE 2ND RESPONDENT AND THE ATTACHED NOTICE DATED 11-11-2022

EXHIBIT P5 THE TRUE COPIES OF THE STATEMENTS OF PROSECUTION WITNESSES PW1 TO PW7 SERVED ON THE PETITIONER

EXHIBIT P6 THE TRUE COPY OF THE PROCEEDINGS OF THE ENQUIRY DATED 16.11.2022 SERVED TO THE PETITIONER

EXHIBIT P7 THE TRUE COPY OF THE PROCEEDINGS OF THE ENQUIRY SERVED ON THE PETITIONER DATED 02.03.2023 PASSED BY THE SECOND RESPONDENT

EXHIBIT P8 TRUE COPY OF THE MEDICAL CERTIFICATE ISSUED BY THE KIMS HOSPITAL THIRUVANANTHAPURAM DATED 11.03.2023

EXHIBIT P9 THE TRUE COPY OF THE EEG REPORT OF THE PETITIONER ISSUED FROM KIMS HOSPITAL THIRUVANANTHAPURAM DATED 17-08-2022

EXHIBIT P 10 TRUE COPY OF THE MRI SCAN REPORT OF PETITIONER'S FATHER IN LAW ISSUED FROM 'NEYYAR MEDICITY THIRUVANANTHAPURAM DATED 01.11.2022.

EXHIBIT P11 THE TRUE COPY OF WRITTEN REQUEST SUBMITTED BY THE PETITIONER DATED 08.03.2023 BEFORE THE 2ND RESPONDENT APPENDIX-WP(C) 8765/2023

RESPONDENT ANNEXURES

ANNEXURE R1(A) A TRUE COPY OF THE ORDER NO.B7/2391/2022 DATED 01/03/2023 ISSUED BY THE DIRECTOR, LBS CENTRE FOR SCIENCE AND TECHNOLOGY

PETITIONER EXHIBITS

EXHIBIT P 12 THE TRUE COPY OF ORDER ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER REJECTING HIS REQUEST DATED 08.03.2023

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