Allowed

Manager, Aquinas College v. the Vice Chancellor

Kerala HC15 Nov 2021WP(C)/12144/2021

Case brief

AI extract

What is this about?

The High Court of Kerala allowed a writ petition to quash a communication rejecting a request for an extension of time to complete disciplinary proceedings, relying on a judgment in another matter (WA No.500 of 2021) that granted such an extension.

What did the court decide?

Quashing of the communication rejecting the request for extension of time for disciplinary proceedings; direction to adhere to time granted in WA No.500 of 2021.

Manager, Aquinas College Vs the Vice Chancellor — Service and Employment | Kerala HC (2021)

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR

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THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

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MONDAY, THE 15^TH DAY OF NOVEMBER 2021 / 24TH KARTHIKA, 1943

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WP(C) NO. 12144 OF 2021

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PETITIONER/S:

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MANAGER, AQUINAS COLLEGE EDAKOCHI, COCHIN - 682 010. BY ADVS. ABRAHAM VAKKANAL (SR.) VINEETHA SUSAN THOMAS

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RESPONDENT/S:

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1 THE VICE CHANCELLOR MAHATMA GANDHI UNIVERSITY, PRIYADARSHINI HILLS P.O., KOTTAYAM - 686 560.

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2 MAHATMA GANDHI UNIVERSITY PRIYADARSHINI HILLS P.O., KOTTAYAM - 686 560, REPRESENTED BY ITS REGISTRAR.

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3 DR.BINDU GEORGE HEAD OF DEPARTMENT, DEPARTMENT OF ECONOMICS, (UNDER ORDER OF SUSPENSION), AQUINAS COLLEGE, EDAKOCHI, COCHIN - 682 010. BY ADVS. SHRI.ASOK M. CHERIAN & SHRI.SURIN GEORGE IPE & STANDING COUNSEL FOR R1 AND R2 M.G.UNIVERSITY ADV. SRI. P.C.SASIDHARAN FOR R3

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.11.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 12144 OF 2021 -2-

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JUDGMENT

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A.K. Jayasankasran Nambiar, J.

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The challenge in this writ petition is against Ext.P12 communication issued to the petitioner by the Mahatma Gandhi University rejecting the request of the Manager of the Aquinas College, Edakochi, for an extension of time to complete the disciplinary proceedings against the petitioner based on the judgment of the learned Single Judge that is impugned in WA No.500 of 2021. In view of our judgment rendered today in WA No.500 of 2021 extending the time limit for completion of the proceedings against the delinquent teacher, we deem it appropriate to quash Ext.P12 communication impugned in the writ petition. The writ petition is, therefore, allowed to the above extent. We make it clear that the respondent University, as also the College, shall now be guided by the time granted in the judgment in WA No.500 of 2021

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Sd/-A.K. JAYASANKARAN NAMBIAR, Judge.

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Sd/-MOHAMMED NIAS C.P, Judge

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Date:17-11-2021

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/true copy/

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WP(C) NO. 12144 OF 2021 -3-

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APPENDIX OF WP(C) 12144/2021

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PETITIO Exhibit	NER EXHIB P1	ITS TRUE COPY OF THE ORDER DT. 31/03/2021 OF THE BISHOP OF COCHIN/EDUCATIONAL AGENCY OF THE COLLEGE.
Exhibit	P1A	TRUE COPY OF THE ORDER NO.AC/TS/DP 2020 DT. 02/07/2020.
Exhibit	P2	TRUE COPY OF THE INTERIM ORDER DT. 08/07/2020 OF THIS HONBLE COURT IN WPC 13641/2020.
Exhibit	P3	TRUE COPY OF THE JUDGMENT DT. 21/08/2020 OF THIS HONBLE COURT IN WP(C) NO.13641/2020.
Exhibit	P4	TRUE COPY OF THE JUDGMENT DT. 09/09/2020 OF THE HONBLE DIVISION BENCH OF THIS COURT WA NO.49/2020.
Exhibit	P5	TRUE COPY OF THE ORDER DT. 30/09/2020 IN I.A.3/2020 IN WP(C) NO.13641/2020.
Exhibit	P6	TRUE COPY OF THIS ORDER NO.19/ACBI/2021/M.G.U. DT. 01/01/2021 ISSUED BY THE UNIVERSITY.
Exhibit	P7	TRUE COPY OF THE JUDGMENT DT. 24/02/2021 OF THIS HONBLE COURT IN WP(C) 28570/2020.
Exhibit	P8	TRUE COPY OF THE REQUEST FOR EXTENSION OF TIME SUBMITTED BY THE PETITIONER TO THE UNIVERSITY DT. 06/01/2021.
Exhibit	P9	A TRUE COPY OF THE LETTER DT. 02/03/2021 SERVED ON R3 DIRECTING HER TO SUBMIT EXPLANATION (WITHOUT ENCLOSURES).
Exhibit	P10	A TRUE COPY OF THE REPLY DT. 10/3/2021 OF R3.
Exhibit	P10A	TRUE COPY OF THE LETTER NO.AC/DP/TS/21-1 DT. 11/03/2021 GRANTING R3 TIME.
Exhibit	P11	TRUE COPY OF THE INTERIM ORDER DT. 17/03/2020 IN W.A.500/2021.
Exhibit	P12	TRUE COPY OF THE ORDER NO.ACB1/1/2023/2020 DT. 29/03/2021 ISSUED BY THE UNIVERSITY.

Manager, Aquinas College v. the Vice Chancellor

Case brief

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Manager, Aquinas College v. the Vice Chancellor

Case brief

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