Omprakash V. v. University Of Calicut
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.MUHAMED MUSTAQUE FRIDAY, THE 10TH DAY OF APRIL 2015/20TH CHAITHRA, 1937 WP(C).No. 10047 of 2015 (E) ---------------------------- PETITIONER(S):
-------------------------- OMPRAKASH V. AGED 46 YEARS PUBLICATION OFFICER, UNIVERSITY OF CALICUT UNIVERSITY CAMPUS, THENJIPPALAM MALAPPURAMDISTRICT (UNDER ORDERS OF SUSPENSION). BY ADVS.SRI.P.C.SASIDHARAN SRI.ARAVINDA KUMAR BABU T.K.
RESPONDENT(S):
----------------------------
1. UNIVERSITY OF CALICUT REPRESENTED BY ITS REGISTRAR, UNIVERSITY CAMPUS CALICUT UNIVERSITY P.O., THENJIPPALAM MALAPPURAMDISTRICT.
2. THE VICE - CHANCELLOR UNIVERSITY OF CALICUT UNIVERSITY CAMPUSCALICUT UNIVERSITY P.O.
MALAPPURAM DISTRICT.
3. THE PRO - VICE - CHANCELLOR - UNIVERSITY OF CALICUT UNIVERSITY CAMPUS CALICUT UNIVERSITY P.O.MALAPPURAM DISTRICT.
4. DR.K.M.NASSER (MEMBER SYNDICATE OF UNIVERSITY OF CALICUT ANDCHAIRMAN OF UG BOARD OF STUDIES IN MALAYALAM)ASSISTANT PROFESSOR FAROOQ COLLEGE, FAROOQCOLLEGE P.O.
KOZHIKODE DISTRICT.
R1,R2 BY ADV. SRI.SANTHOSH MATHEW,SC,CALICUT UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 10-04-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 10047 of 2015 (E) ---------------------------- APPENDIX PETITIONER(S)' EXHIBITS ------------------------------------- EXT.P-1: TRUE COPY OF THE MEMO DATED 27.2.2015 EXT.P-2: TRUE COPY OF THE SUBMISSION DATED 27.2.2015 EXT.P-3: TRUE COPY OF THE NOTE TO THE SYNDICATE DATED 6.3.2015 EXT.P-4: TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE MEETING DATED 21.3.2015 EXT.P-5: TRUE COPY OF THE ORDER DATED 24.3.2015 EXT.P-6: TRUE COPY OF THE SYLLABUS FOR COMMON COURSE EXT.P-7: TRUE COPY OF THE REPORT DATED 8.8.2014 EXT.P-8: TRUE COPY OF THE ORDER DATED 17.3.2015 RESPONDENT(S)' EXHIBITS :
------------------------ ANNEXURE-R1(1) TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE VICE CHANCELLOR BY THE CHAIRMAN OF THE BOARD OF STUDIES, MALAYALAM (UG) ON 06/11/2014 ANNEXURE-R1(2) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 06/11/2014 IN VICE CHANCELLOR'S OFFICE ANNEXURE-R1(3) TRUE COPY OF THE UNIVERSITY ORDER NO.11955/2014/ADMN. DT.16/12/2014 ANNEXURE-R1(4) TRUE COPY OF THE EMAIL SENT BY THE VICE CHANCELLOR TO REGISTRAR OF UNIVERSITY OF CALICUT ON 25/02/2015 ANNEXURE-R1(5) TRUE COPY OF THE MINUTES OF THE MEETING HELD ON 04/03/2015 ANNEXURE - R1(6) TRUE COPY OF THE NOTE PREPARED ON 06/03/2015 TO BE SUBMITTED TO THE SYNDICATE ANNEXURE-R1(7) TRUE COPY OF THE UNIVERSITY ORDER NO.3281/2015/ADMN DT.29/03/2015 ms \\TRUE COPY// P.S to Judge
A.MUHAMED MUSTAQUE, J.
~~~~~~~~~~~~~~~~~~~~~~~~~ W.P.(C).No.10047/2015 ~~~~~~~~~~~~~~~~~~~~~~~~~ Dated this the 10th Day of April, 2015
J U D G M E N T
The petitioner is under suspension pending disciplinary proceedings. Ext.P5 is the order of suspension. It is stated that suspension order was imposed on 21/03/2015. The allegation against the petitioner is that the petitioner failed to publish text books in Malayalam language which are intended to be distributed to the colleges.
2.
It is submitted by the learned Standing counsel for the University that even though several reminders were issued to the petitioner, the petitioner failed to adhere to the time schedule given for publication of the text books. This Court cannot interfere with the suspension order.
3.
Considering the facts and circumstances, I am of the view that if the entire disciplinary proceedings
W.P.(C).No.10047/2015 -:2:- could not be completed on or before 20/05/2015, the petitioner shall be reinstated in service with effect from 21/05/2015 onwards subject to the outcome of the disciplinary proceedings. The petitioner shall also co-operate with the enquiry. All other contentions in the writ petition are left open.
The writ petition is disposed of as above. No costs.
Sd/- A.MUHAMED MUSTAQUE, JUDGE ms