Court directed continuation of delinquent employee on duty during fresh enquiry into misconduct, appointing a Court Advocate as Enquiry Officer to ensure natural justice.
Defendant continued on duty; Enquiry Officer appointed; Inquiry concluded expediently.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN
&
THE HONOURABLE MR.JUSTICE V.G.ARUN
MONDAY, THE 10TH DAY OF JUNE 2019 / 20TH JYAISHTA, 1941
CRP(UTY).No. 5 of 2019
JUDGMENT IN UNIVERSITY APPEAL NO. 6/2017 of THE CALICUT UNIVERSITY APPELLATE TRIBUNAL, THIRUVANANTHAPURAM DATED 07-022019
REVISION PETITIONER/1ST RESPONDENT:
VELLAPALLY NATESAN, AGED 82 YEARS MANAGER, SREE NARAYANA COLLEGES, P.O. BOX NO.63, KOLLAM-691 001.
BY ADV. SRI.A.N.RAJAN BABU
RESPONDENTS/APPELLANT/RESPONDENTS 2 TO 4:
S.N.COLLEGE ALATHUR, PALAKKAD RESIDING AT MAMPALLAM HOUE, AMPATTUPALAYAM, CHITTOOR COLLEGE P.O., PALAKKAD, KERALA-678 104.
BY ADVS.
SRI.RAJESH SIVARAMANKUTTY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY SRI.R.S.SARAT
THIS CRP (UNIVERSITY ACT) HAVING BEEN FINALLY HEARD ON 10.06.2019, THE COURT ON THE SAME DAY PASSED THE FOLLOWING:
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JUDGMENT
K.VINOD CHANDRAN, J.
The Manager of an Educational Agency is before this Court against the order of the University Appellate Tribunal. The challenge against the order is insofar as a fresh enquiry having been ordered and a delinquent employee directed to be continued on duty.
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the delinquent employee was terminated from service, is the contention.
C.R.P. (UTY) No.5 of 2019
appellant, Sri.Rajan Babu, has agreed to all our suggestions.
delinquent employee would be posted in S.N.Guru College, Chelanur, Kozhikode, immediately, for the present, while the Enquiry is proceeded with and that the enquiry would be commenced and continued with Sri.Koshy George, an Advocate practising in this Court as the Enquiry Officer. In the circumstances of appointment of Sri.Koshy George, we do not think any directions need be issued on the conduct of the enquiry as we are sure that the enquiry would be conducted in compliance with the principles of natural justice.
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if the enquiry is posted on a working day to come over to the place of enquiry. The enquiry shall be expeditiously concluded.
The CRP is disposed of as above. No order as to costs.
Sd/-
K.VINOD CHANDRAN JUDGE
Sd/JUDGE
Scl/10.6
2 issues framed by the court
Whether the delinquent employee should be continued on duty while a fresh enquiry is pending into sexual harassment allegations.
Whether the appointment of an Advocate of the Court as Enquiry Officer is necessary to ensure compliance with natural justice.
VELLAPALLY NATESAN
M.P.PREEJITH
PRINCIPAL S.N.COLLEGE ALATHUR
CALICUT UNIVERSITY
ADV.G.HARIDAS
K.VINOD CHANDRAN
V.G.ARUN
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
