IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE S.SIRI JAGAN TUESDAY, THE 24TH MARCH 2009 / 3RD CHAITHRA 1931 OP.No. 8318 of 2001(M) ---------------------------- PETITIONER(S): ------------------ N.J. SUSAMMA ARASSARKADAVIL MARARIKULAM NORTH, S.L. PURAM, ALAPPZUHA. BY ADVS. MR.K.JAJU BABU MS.M.U.VIJAYALAKSHMI RESPONDENT(S): --------------------- 1. THE MANAGER, ST. MICHAELS COLLEGE, CHERTHALA. 2. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, (ALAPPUZHA) ERNAKULAM. (ADDRESS OF THE 3RD RESPONDENTCORRECTED AS PER ORDER DT. 12.7.05 IN I.A.NO.9870/05) ADV. SRI.P.F.THOMAS, SENIOR ADVOCATE FOR R1 THIS ORIGINAL PETITION HAVING BEEN FINALLY HEARD ON 24/03/2009, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: OP.No. 8318 of 2001 APPENDIX PETITIONER'S EXHIBITS EXT.P1: COPY OF MEMO OF CHARGES ISSUED BY R1 DATED. EXT.P2; COPY OF REPLY SUBMITTED BY PETITIONER DATED 25.7.00. EXT.P3: COPY OF ORDER DTD 8.8.2000 BY R1. EXT.P4: COPY OF ADDITIONAL CHARGES ISSUED TO PETITIONER DATED 5.9.00. EXT.P5; COPY OF THE REPLY BY PETITIONER DATED 15.9.00. EXT.P6: COPY OF ENQUIRY REPORT DTD 28.12.2000. EXT.P7: COPY OF MEMO DATED 9.1.2001 ISSUED TO PETITIONER. EXT.P8: COPY OF REPLY SUBMITTED BY PETITIONER DATED 15.1.2001. EXT.P9: COPY OF ORDER DATED 18.1.2001 BY R1. EXT.P10: COPY OF COMPLAINT FILED BY PETITIONER BEFORE NATIONAL HUMAN RIGHTS COMMISSION DATED. EXT.P11: COPY OF JUDGMENT IN O.P.NO.4184/2001 DATED 4.7.2003. TRUE COPY PA TO JUDGE. S. SIRI JAGAN, J. ------------------------------------ O.P.No.8318 OF 2001 ---------------------------------------- Dated this the 24th day of March, 2009 JUDGMENT The 1st respondent initiated disciplinary proceedings against the petitioner which ended in imposition of punishment of removal from service by Ext.P9 order. The same is challenged by the petitioner primarily on the ground that Ext.P9 order was passed by the Manager, who was also a witness in the enquiry which culminated in Ext.P9 order. The learned counsel for the petitioner submits that in O.P.No.4184/2001 another employee, who has also been proceeded against for similar misconducts, challenged the similar punishment imposed on him, on identical ground which was allowed by a learned Single Judge of this Court. That was reversed by a Division Bench in W.A.No.1678/2003. However, the Division Bench converted the punishment into one of compulsory retirement instead of removal from service. The counsel for the petitioner submits that the petitioner would also be satisfied with the same relief. 2. After hearing, I am of opinion that in view of the facts O.P.No.8318/2001 2 and circumstances of the case, the punishment can be modified as done by the Division Bench. Accordingly, Ext.P9 would stand modified to the extent of holding that instead of removal from service, the petitioner would be deemed to have been compulsorily retired from service with effect from 18.1.2001. The original petition is disposed of as above. S. SIRI JAGAN, JUDGE Acd O.P.No.8318/2001 3