Dr. Reena George vs the Manager, Karmela Rani Training College

Dr. Reena George vs The Manager, Karmela Rani Training College

Type Court Judgment Court Kerala Decided Jul 30, 2021

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https://sooperkanoon.com/case/1718868

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Citation: sooperkanoon.com/1718868
Court: Kerala High Court
Judge: Honourable Mr. Justice Amit Rawal
Decided On: Jul 30, 2021
Case Number: WP(C)/25046/2017

Parties & Advocates

Appellant / Petitioner

Dr. Reena George

Respondent

The Manager, Karmela Rani Training College

Excerpt

.....university statute 1979 preferred an appeal before the tribunal which was dismissed being not maintainable, has invoked the jurisdiction of this court under article 226 of the constitution of india onvarious grounds ie., on merit as well as on the fact that the orderof punishment as per statute 69(ii) do not prescribe any bar for consideration of promotion as it was a minor penalty. however, note 2 to rule 11 of kerala civil services (classification, control and appeal) rules 1960 provides maximum period of six months. penalty was imposed on 01.06.2016, it was more than 5 years but no steps were taken by the college for recommending the case of the petitioner for promotion particularly when thepetitioner is retiring in the next year ie., 2022. vide i.a.no.1/2021 the direction of this court is being sought for directing the respondent college and university to take a call on the communication dated 30.06.2021 ext.p5 for consideration of promotion.2. in response to the aforementioned writ petition acounter affidavit has been filed to this court taken on record. from the counter it is revealed that in respect of some examination held on 26.02.2020 a final year student of b.ed college had attributed certain misbehavior against the petitioner and syndicate decided to seek clarification from the concerned invigilator, but the training college vide communication dated 07.07.2021 issued to the petitioner said that pendency of the enquiry would not be a bar for consideration of the case of promotion of the petitioner and the petitioner had been advised to be in touch with the college for further action.considering the aforementioned facts, i dispose of the writpetition by directing the college to submit the relevant papers of the petitioner for consideration of promotion under the career advancement scheme as expeditiously as possible within a period of 20 days from the date of receipt of copy of this judgment and thereafter the university will take a call within a period.....

Full Judgment

IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT THE HONOURABLE MR. JUSTICE AMIT RAWAL FRIDAY, THE 30TH DAY OF JULY 2021 / 8TH SRAVANA, 1943 PETITIONER: DR. REENA GEORGE, ASSOCIATE PROFESSOR, KARMELA RANI TRAINING COLLEGE, NEAR ST. ALOYSISUS HSS, FATHIMA ROAD, BY ADV SRI.P.C.SASIDHARAN RESPONDENTS:
1 THE MANAGER, KARMELA RANI TRAINING COLLEGE NEAR ST. ALOYSIUS HSS, FATHIMA ROAD, 2 THE PRINCIPAL KARMELA RANI TRAINING COLLEGE, NEAR ST. ALOYSIUS HSS, FATHIMA ROAD, CUTCHERY P.O., KOLLAM-691013. 3 FR. JOSEPH J, SELECTION GRADE LECTURER, KARMELA RANI TRAINING COLLEGE, NEAR ST. ALOYSIUS HSS, FATHIMA ROAD, 4 THE REGISTRAR, UNIVERSITY OF KERALA, PALAYAM, THIRUVANANTHAPURAM-695 034. 5 THE GOVERNMENT OF KERALA REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695001. BY ADVS.SRI.JOHN JOSEPH VETTIKAD SRI.C.JOSEPH JOHNY SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA SRI.C.JOSEPH JOHNY SR GP SRI BIMAL K NATH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 30.07.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

JUDGMENT

Petitioner, against the imposition of the minor penalty of withholding the promotion as per the Kerala University Statute 1979 preferred an Appeal before the Tribunal which was dismissed being not maintainable, has invoked the jurisdiction of this Court under Article 226 of the Constitution of India on

various grounds ie., on merit as well as on the fact that the order

of punishment as per Statute 69(ii) do not prescribe any bar for consideration of promotion as it was a minor penalty. However, Note 2 to Rule 11 of Kerala Civil Services (Classification, Control and Appeal) Rules 1960 provides maximum period of six months. Penalty was imposed on 01.06.2016, it was more than 5 years but no steps were taken by the college for recommending the case of the petitioner for promotion particularly when the

petitioner is retiring in the next year ie., 2022. Vide I.A.No.1/2021 the direction of this Court is being sought for directing the respondent college and University to take a call on the communication dated 30.06.2021 Ext.P5 for consideration of promotion.

2. In response to the aforementioned writ petition a

counter affidavit has been filed to this Court taken on record. From the counter it is revealed that in respect of some examination held on 26.02.2020 a final year student of B.Ed college had attributed certain misbehavior against the petitioner and syndicate decided to seek clarification from the concerned invigilator, but the training college vide communication dated 07.07.2021 issued to the petitioner said that pendency of the enquiry would not be a bar for consideration of the case of promotion of the petitioner and the petitioner had been advised to be in touch with the college for further action.

Considering the aforementioned facts, I dispose of the writ

petition by directing the college to submit the relevant papers of the petitioner for consideration of promotion under the Career Advancement Scheme as expeditiously as possible within a period of 20 days from the date of receipt of copy of this judgment and thereafter the University will take a call within a period of one month therefrom. All these orders should be subject to the condition imposed in the letter dated 07.07.2021 of the 1 st respondent. If the petitioner is found suitable necessary order of

promotion subject to the outcome of the enquiry can also be passed. Sd/- AMIT RAWAL JUDGE nak APPENDIX OF WP(C) 25046/2017 PETITIONER EXHIBITS EXHIBIT-P1 TRUE COPY OF THE MEMORANDUM OF APPEAL DATED 30/07/2016 EXCLUDING THE ANNEXURES EXHIBIT-P2 TRUE COPY OF THE ORDER OF PUNISHMENT DATED 01/06/2016 EXHIBIT-P3 TRUE COPY OF THE ORDER IN I.A 19/2016 IN UNIVERSITY APEAL NO. 6/2016 DATED EXHIBIT-P4 TRUE COPY OF THE EXPLANATION FILED BY THE PETITIONER TO THE ENQUIRY REPORT EXHIBIT-P5 TRUE COPY OF THE COMMUNICATION DATED RESPONDENTS EXHIBITS

EXHIBIT R1 (A) TRUE COPY OF THE UNIVERSITY ORDER

NO:AD/D11/GENERAL/UGC-R2018/2021 DATED EXHIBIT R1 (B) THE TRUE COPY OF THE MINUTES OF THE SYNDICATE MEETING HELD ON 17/02/2021 EXHIBIT R1 (C) REVIEW REPLY DATED 7TH JULY 2021 ADDRESSED TOTHE PETITONER BY THE 1T RESPONDENT

Same Court & Year Kerala · 2021 Same Parties Dr. Reena George vs The Manager, Karmela Rani Training College Same Judge Honourable Mr. Justice Amit Rawal