Kerala High Court
Sherlymolep.B vs Institute Of Human Resources ... on 8 October, 2013
Author: C.K. Abdul Rehim
Bench: C.K.Abdul Rehim
IN THE HIGH COURT OF KERALAAT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE C.K.ABDUL REHIM
TUESDAY,THE 4TH DAYOF FEBRUARY 2014/15TH MAGHA, 1935
WP(C).No. 3251 of 2014 (F)
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PETITIONER :
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SHERLYMOLEP.B
W/O. JOHNSON PHILIP, EDACKAMANNIL HOUSE, GRACE GARDEN
THRIKKAKARA.P.O.
KOCHI-682021, ASSOCIATEPROFESSOR (CHEMISTRY) MODEL
ENGINEERING COLLEGE, INSTITUTE OF HUMAN RESOURCES
DEVELOPMENT, THRIKKAKARA).
BY ADV.SRI.S.SUBHASH CHAND
RESPONDENTS :
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1. INSTITUTE OF HUMAN RESOURCES DEVELOPMENT
PRAJOE TOWERS, VAZHUTHACAUD, THIRUVANANTHAPURAM
REPRESENTED BY ITS DIRECTOR PIN-695014.
2. THE EXECUTIVE COMMITTEE
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT
PRAJO'E TOWERS, VAZHUTHACAUD
THIRUVANANTHAPURAM-695014. REPRESENTED BY ITS CHAIRMAN.
3. THE DIRECTOR,
INSTITUTE OF HUMAN RESOURCES DEVELOPMENT
PRAJO'E TOWERS, VAZHUTHACAUD
THIRUVANANTHAPURAM-695014.
R BY ADV.SRI.V.A.MOHAMMED, SC, IHRD
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04-
02-2014, THE COURT ON THE SAME DAYDELIVERED THE FOLLOWING:
WP(C).No. 3251 of 2014 (F)
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APPENDIX
PETITIONER(S)' EXHIBITS
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EXT.P1. TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF
ALLEGATIONS DATED 8-10-2013 THUS ISSUED TO THE PETITIONER BY
RESPONDENT NO.3.
EXT.P2. TRUE COPY OF THE GOVERNMENT ORDER BEARING GO (MS) NO.
87/2012/H.EDN. DATED12-3-2012.
EXT.P2(A). TRUE COPY OF THE SUBMISSION DATED 9-7-2013 SUBMITTED BY THE
PETITIONER BEFORE THE PRINCIPAL OF MODEL ENGINEERING COLLEGE,
THRIKKAKARA.
EXT.P2(B). TRUE COPY OF THE SUBMISSION 30-8-2013 SUBMITTED BY THE
PETITIONER BEFORE THE PRINCIPAL OF MODEL ENGINEERING COLLEGE,
THRIKKAKARA.
EXT.P3. TRUE COPY OF THE WRITTEN STATEMENT OF DEFENCE DATED 21-10-2013
SUBMITTED BY THE PETITIONER BEFORE THE RESPONDENT NO.3.
EXT.P4. TRUE COPY OF THE ORDER DATED8-1-2014 ISSUED BY RESPONDENT NO.3
IMPOSING THE DOUBLE PENALTY OF RECOVERY AND CENSURE UPON THE
PETITIONER.
EXT.P5. TRUE COPY OF THE APPEAL DATED 22-1-2014 SUBMITTED BY THE
PETITIONER BEFORE RESPONDENT NO.2.
RESPONDENT(S)' EXHIBITS : NIL
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/TRUE COPY/
P.ATO JUDGE
AV
C.K. ABDUL REHIM, J.
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W.P.(C). No. 3251 of 2014
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Dated this the 4th day of February, 2014
JUDGMENT
The petitioner, who is working as Associate Professor at the Model Engineering College, Thrikkakara under respondents 1 to 3, was imposed with a punishment under Ext.P4 order of the 3rd respondent, based on disciplinary action initiated against her. Aggrieved by Ext.P4 the petitioner had preferred appeal before the 2nd respondent as per Ext.P5. In this writ petition the petitioner is seeking direction inter alia, for an early disposal of Ext.P5 appeal.
2. Heard; learned counsel for the petitioner and standing counsel appearing for respondents. Since the appeal filed against Ext.P4 is pending consideration and disposal before the 2nd respondent, this court is not proposing to adjudicate on the merits of the issue involved. Interest of justice will be served by directing an early disposal of Ext.P5 appeal.
3. Therefore the writ petition is disposed of directing the 2nd respondent to consider and dispose of W.P.(C). No. 3251 of 2014 -2- Ext.P5, after affording opportunity of personal hearing to the petitioner and others concerned. The appeal shall be disposed of at the earliest possible, at any rate within a period of 2 months from the date of receipt of a copy of this judgment.
4. Considering the fact that the petitioner was pursuing the statutory appeal against imposition of punishment, recovery of salary ordered under Ext.P4 shall be kept in abeyance till the disposal of the appeal.
Sd/-
C.K. ABDUL REHIM, JUDGE /True copy/ P. A. to Judge Pn