IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE P.N.RAVINDRAN THURSDAY, THE 19TH AUGUST 2010 / 28TH SRAVANA 1932 WP(C).No. 11217 of 2010(B) -------------------------- PETITIONER(S): --------------- JENNY JOSEPH.A. AGED 39YEARS, W/O. MAJU K.THOMAS, LIBRARIAN, (NOW UNDER SUSPENSION) ST. THOMAS COLLEGE, RANNI, RESIDING T KALLAMPARAMBIL/MANGATTIL HOUSE, NEAR ST. MARY'S KNANAYA CHAPPEL, ITTIYAPARA, RANNI. BY ADV. SRI.V.PHILIP MATHEW RESPONDENT(S): --------------- 1. STATE OF KERALA, REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, KERALA GOVERNMENT, SECRETATIAT, THIRUVANANTHAPURAM. 2. THE DIRECTOR, DIRECTORATE OF COLLEGE EDUCATION, THIRUVANANTHAPURAM. 3. THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, OFFICE OF THE DEPUTY DIRECTOR, KOTTAYAM. 4. THE PRINCIPAL, ST. THOMAS COLLEGE, RANNI 5. THE MANAGER, ST. THOMAS COLLEGE,RANNI. 6. DR. ABRAHAM.V.KURIAKOSE, PRINCIPAL, ST. THOMAS COLLEGE, RANNI. 7. M.J.SKARIAH, LIBRARY ASSISTANT ST. THOMAS COLLEGE RANNI. ADDL.8. MAHATMA GANDHI UNIVERSITY REP. BY ITS REGISTRAR, KOTTAYAM. (ADDITIONAL 8TH RESPONDENT IMPLEADED AS PER ORDER DATED 13/7/2010 IN I.A.NO.9422 OF 2010) BY ADV. SRI.K.B.GANGESH FOR R5 BY ADV. SMT.SMITHA CHATHANARAMBATH FOR R5 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY FOR R8 THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 19/08/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX IN W.P.(C) No.11217 of 2010 EXT.P1 TRUE COPY OF THE ORDER NO.STC/MAN/429/09-10 DATED 30.12.2009 OF THE 5TH RESPONDENT ALONG WITH A COPY OF MEMO OF CHARGES ISSUED TO THE PETITIONER. EXT.P2 TRUE COPY OF THE REPLY DATED 5/1/2010 FILED BY THE PETITIONER AS AGAINST THE MEMO OF CHARGES DATED 30.12.2009 EXT.P3 TRUE COPY OF THE ORDER DATED 9.1.2010 OF THE 5TH RESPONDENT SUSPENDING PETITIONER PENDING DOMESTIC ENQUIRY. EXT.P4 TRUE COPY OF THE COMMUNICATION DATED 23/2/2010 ISSUED BY THE ENQUIRY OFFICER TO THE PETITIONER. EXT.P5 TRUE COPY OF THE ADDITIONAL EXPLANATION/REPLY DATED 3.3.2010 TO THE MEMO OF CHARGES SUBMITTED BY THE PETITIONER. EXT.P6 TRUE COPY OF THE APPLICATION/REQUEST DATED 5/2/2010 MADE BY THE PETITIONER BEFORE THE 4TH RESPONDENT. //TRUE COPY// P.A. TO JUDGE. P.N.RAVINDRAN, J. ------------------------------- W.P.(C) No.11217 of 2010 ------------------------------- Dated this the 19th day of August, 2010 J U D G M E N T The petitioner, the Librarian of St.Thomas College, Ranni, has filed this writ petition challenging Ext.P3 order dated 9.1.2010 issued by the Manager of the College placing her under suspension. 2. Though a large number of contentions have been raised in the writ petition, the learned counsel appearing for the fifth respondent, the Manager of the College, submitted that the enquiry will be completed by 31.8.2010, within the extended time granted by the Vice Chancellor of the Mahatma Gandhi University and that in view of the fact that enquiry is nearing completion, it may not be necessary for this Court to go into the merits of the rival contentions. 3. The petitioner was admittedly placed under suspension on 9.1.2010. Going by the provisions of the Mahatma Gandhi University Act, 1983, disciplinary action against the teaching and non-teaching staff has to be completed within a W.P.(C) No.11217 of 2010 2 period of three months or within such extended period as the Vice Chancellor may grant. The learned counsel for the fifth respondent submitted that the enquiry will be completed on or before 31.8.2010, within the extended granted by the Vice Chancellor. In such circumstances, I am of the opinion that it is not necessary for this Court to go into the rival contentions and to decide whether the suspension of the petitioner was warranted. However, that does not mean that the petitioner has to be kept under suspension indefinitely. In my opinion, if the disciplinary proceedings are not finalised on or before 31.8.2010, the Management should reinstate the petitioner in service without prejudice to their right to continue and finalise the disciplinary action. I accordingly dispose of the writ petition with a direction that if the disciplinary action initiated against the petitioner is not finalised on or before 31.8.2010, the Management of the College shall readmit the petitioner to duty without prejudice to their right to continue and finalise the W.P.(C) No.11217 of 2010 3 disciplinary action. The contentions of the petitioner on the merits are kept open. If the petitioner is aggrieved by the final order, it will be open to her to challenge the same in other appropriate proceedings. If the petitioner has not been paid subsistence allowance at the applicable rates, the competent authority among the respondents shall take steps to draw and disburse the same on or before 31.8.2010. P.N.RAVINDRAN, Judge. nj.