IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 20276 of 2008(L) -------------------------- PETITIONER: ------------ P.HARILAL, AGED 49 YEARS, S/O.PRABHAKARAN PILLAI, SENIOR LECTURER, DEPARTMENT OF PHYSICS, M.A.COLLEGE OF ARTS & SCIENCE, KOTHAMANGALAM. BY ADV. SRI.MOHAN JACOB GEORGE SMT.P.V.PARVATHI SMT.REENA THOMAS SRI.L.RAM MOHAN RESPONDENTS: ------------- 1. M.G.UNIVERSITY, KOTTAYAM, REPRESENTED BY ITS REGISTRAR. 2. M.A.COLLEGE OF ARTS & SCIENCE, KOTHAMANGALAM, REPRESENTED BY ITS PRINCIPAL. 3. SECRETARY, M.A.COLLEGE ASSOCIATION, KOTHAMANGALAM. 4. DR.WINNY VARGHESE, PRINCIPAL, M.A.COLLEGE OF ARTS & SCIENCE, KOTHAMANGALAM. 5. SRI.V.M.PETER, ADVOCATE, KOTHAMANGALAM. ADDL.RESPONDENTS:- 6. DIRECTOR OF COLLEGIATE EDUCATION, VIKAS BHAVAN, THIRUVANANTHAPURAM. WP(C) No.20276/2008 2 7. STATE OF KERALA, REP. BY ITS SECRETARY, HIGHER EDUCATION DEPARTMENT, SECRETARIAT, THIRUVANANTHAPURAM. (ADDL.RESPONDENTS 6 AND 7 IMPLEADED AS PER ORDER DATED 8.8.2008 ON I.A.No.9430/2008) BY ADV. SRI.GEORGE JACOB (JOSE) FOR R3 BY ADV. SRI.K.M.ABRAHAM FOR R2 & 4 BY GOVT. PLEADER SHRI A.J.VARGHESE BY ADV. SHRI T.A.SHAJI, SC FOR M.G.UNIVERSITY THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 COPY OF THE REPORT OF THE REGISTRAR, MG UNIVERSITY EXT.P2 COPY OF THE PERFORMANCE APPRAISAL REPORT DATED 8.3.2006 SHOWING THE TEACHING EFFECTIVENESS INDEX OF THE PETITIONER EXT.P3 COPY OF THE CAVEAT FILED BY THE FOURTH RESPONDENT EXT.P4 COPY OF THE ORDER PASSED BY THE MUNSIFF'S COURT, MUVATTUPUZHA IN IA NO.53/2005 IN OS NO.483/2004 EXT.P5 COPY OF THE COMPLAINT DATED 27.1.2005 SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE,KOTHAMANGALAM EXT.P6 COPY OF THE COMPLAINT DATED 17.2.2005 SUBMITTED BY THE PETITIONER BEFORE THE SUB INSPECTOR OF POLICE, KOTHAMANGALAM. EXT.P7 COPY OF THE PETITION DATED 15.3.2004 SUBMITTED BY THE PETITIONER EXT.P7(a) COPY OF THE PETITION DT.12.7.2005 SUBMITTED BY THE PETITIONER EXT.P7(b) COPY OF THE STATEMENT GIVEN BY SRI MATHEWS JACOB EXT.P8 COPY OF THE NOTARIZED AFFIDAVIT OF SRI K.V.SASIDHARAN NAIR EXT.P8(a) COPY OF THE NOTARIZED AFFIDAVIT OF DR. RAJU EXT.P8(b) COPY OF THE NOTARIZED AFFIDAVIT OF SRI V.J.PAULOSE EXT.P8(c) COPY OF THE NOTARIZED AFFIDAVIT OF SRI P.J.MATHAI EXT.P9 COPY OF THE ENQUIRY REPORT OF ADV, PRATHEESHYA EXT.P10 COPY OF THE SHOW CAUSE NOTICE DATED 27.11.2006 EXT.P11 COPY OF THE SAID REPLY DATED 5.12.2006 EXT.P12 COPY OF THE CHARGE MEMO DATED 8.1.2007 EXT.P13 COPY OF THE REUQEST FOR DOCUMENTS SUBMITTED BY PETITIONER EXT.P14 COPY OF THE PETITION DATED 25.1.2007 SUBMITTED BY PETITIONER'S EXT.P15 COPY OF THE REPLY DATED 4.3.2007 OF THE THIRD RESPONDENT EXT.P16 COPY OF THE CHARGE MEMO DATED 12.6.2007 EXT.P17 COPY OF THE COMMUNICATION DATED 9.11.2007 EXT.P18 COPY OF THE REVIEW PETITION DATED 15.11.2007 EXT.P19 COPY OF THE PETITION DATED 29.11.2007 OF THE PETITIONER TO DROP THE PROCEEDINGS WP(C) No.20276/2008 EXT.P20 COPY OF THE SAID PETITION DATED 17.1.2008 EXT.P21 COPY OF THE LETTER DATED 28.3.2008 EXT.P22 COPY OF THE ORDER DATED 25.6.2008 APPOINTING THE 5TH RESPONDENT AS THE ENQUIRY OFFICER EXT.P23 APPLICATION DATED 21.7.2008 SEEKING VOLUNTARY RETIREMENT. //TRUE COPY// K.T. SANKARAN,J. -------------------------------------- W.P.(C) No.20276 of 2008 L -------------------------------------- Dated this the 8th day of August, 2008. J U D G M E N T This Writ Petition is filed by the Senior Lecturer of the Department of Physics in M.A.College of Arts & Science, Kothamangalam, challenging Exts.P16 to P22 which are proceedings in connection with the disciplinary action taken against the petitioner. The petitioner has submitted Ext.P23 application dated 21.7.2008 for permission to retire from service voluntarily with effect from 1.11.2008 onwards. Ext.P23 was submitted through proper channel. The Principal of the college has to forward Ext.P23 application to the third respondent, the Secretary of M.A. College Association who has to forward the same to the Director of Collegiate Education. The Director of Collegiate Education has to forward the same to the Government. 2. It is agreed by respondents 2 to 4 that Ext.P23 application will be forwarded appropriately to the Director of Collegiate Education with their recommendation. This agreement is recorded. Till the question of voluntary retirement from service is finalised, all the proceedings against the petitioner shall be kept in abeyance. If the petitioner is allowed to retire from service voluntarily, it is agreed that all the proceedings taken against him shall cease to be in existence. On receiving Ext.P23 application along with WP(C) No.20276/2008 2 recommendation, the Director of Collegiate Education shall, within a period of two weeks, forward the same to the Government and the Government shall dispose of the same within a period of one month thereafter. 3. It is submitted that W.P.(C) No.33728 of 2006 filed by the petitioner claiming placement to higher grade is pending disposal. Disposal of this Writ Petition will not prejudice the contentions of both parties in W.P.(C) No.33728 of 2006. It is also agreed by counsel on either side that both parties will take necessary steps to avoid any unpleasant scene in the Education Institution till 1.11.2008 or on which date the petitioner has to go out of service if Ext.P23 application is allowed. The petitioner shall produce a copy of the Writ Petition, a copy of I.A.No.9430 of 2008 and a copy of I.A.No.10035 of 2008 along with certified copy of the judgment before the Government to facilitate a proper disposal of Ext.P23. Writ Petition is disposed of as above. K.T. SANKARAN, JUDGE. cks