IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE C.N.RAMACHANDRAN NAIR & THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN WEDNESDAY, THE 7TH DAY OF DECEMBER 2011/16TH AGRAHAYANA 1933 WA.No. 1482 of 2011 ( ) ======================= AGAINST THE ORDER/JUDGMENT IN WPC.27799/2008 DATED 12-08-2011 APPELLANT(S)/PETITIONER ======================= 1 K. CHANDAPILLA PANICKER, ASSISTANT PROFESSOR DEPARTMENT OF ELECTRICAL & ELECTRONICS T.K.M. COLLEGE OF ENGINEERING KOLLAM. BY ADV.SRI.P.C.SASIDHARAN RESPONDENT(S)/ RESPONDENTS ============= 1 THE CHAIRMAN, GOVRNING BODY, T.K.M. COLLEGE OF ENGINEERING KOLLAM-691001. 2 THE UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, UNIVERSITY BUILDINGS THIRUVANANTHAPURAM-695034. 3 ANTONY BEN, ASSISTANT PROFESSOR, DEPARTMENT OF ARCHITECTURE, T.K.M COLLEGE OF ENGINEERING, KOLLAM, PIN - 691 005, REGIONAL PRESIDENT, KPCTA KERALA UNIVERSITY REGION. 4 R. NARAYANAN, ADVOCATE, EAST OF COURT COMPLEX, VANCHIYOOR THIRUVANANTHAPURAM, pin - 695 001 (THE ENQUIRY OFFICER APPOINTED BY THE CHAIRMAN GOVERNING BODY OF T.K.M. ENGINEERING COLLEGE FOR CONDUCTING ENQUIRY AGAINST THE PETITIONER). 5 STATE OF KERALA, REPRESENTED BY THE SECRETARY TO GOVERNMENT, HIGHER EDUCATION DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695001. BY ADV.SRI.GEORGE POONTHOTTAM MR.GEORGE MECHERIL, GOVERNMENT PLEADER SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. THIS WRIT APPEAL HAVING COME UP FOR ADMISSION ON 07-12-2011 , ALONG WITH WA. 1525/2011, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: C.N.RAMACHANDRAN NAIR & K.VINOD CHANDRAN, JJ. .................................................................... W.A. Nos.1482 & 1525 of 2011 .................................................................... Dated this the 7th day of December, 2011. J U D G M E N T Ramachandran Nair, J. The connected Writ Appeals are filed by one and the same person, who is an Assistant Professor in TKM College of Engineering, Kollam challenging the judgment of the learned Single Judge declining to interfere with the disciplinary proceedings initiated against the appellant by the management for unauthorized absence. 2. The appellant’s case is that the 3rd respondent in W.A.No.1482/2011, who belongs to the rival union of the College Teachers’ filed a false complaint against him, which led to initiation of disciplinary proceedings against him. According to the appellant, the very basis of the initiation of disciplinary proceedings is the information furnished by the Public Information Officer, Kerala University about the meeting he attended in the Syndicate, which intrinsically prove his W.A.Nos.1482 & 1525/2011 2 absence from the College. However, learned counsel appearing for the Management submitted that enquiry is not solely based on any information furnished by the University, but the College has its own records about the presence or absence of teachers in the College. 3. Learned Single Judge declined to interfere for the reason that the Management is free to hold enquiry and it is for the appellant to demolish the allegation by substantiating facts with reference to records and evidence. We are in complete agreement with the view taken by the learned Single Judge because if we proceed to consider appellant’s challenge, the same will involve adjudication of the matter by ourselves, which will amount to take over of the enquiry, which should be done by the Management and not by the Court. We, therefore, dismiss W.A.No.1482/2011. However, having regard to the nature of the enquiry that too against an Assistant Professor, we direct the Management to complete the enquiry within two months from the date of receipt of a copy of this judgment, W.A.Nos.1482 & 1525/2011 3 provided the appellant co-operates with the enquiry. So far as W.A.No.1525/2011 is concerned, we notice that the prayer is only for a direction to the respondents to issue NOC for the appellant to register himself as a part time Research Fellow. Since disciplinary proceedings is pending against the appellant, we feel it may not be just or proper for the Management to permit the appellant to take up the research work. In any case, since we have directed completion of the enquiry within two months from the date of receipt of a copy of this judgment, the appellant’s application for NOC will be considered depending on the result of the enquiry and after completion of the same. W.A.No.1525/2011 is disposed of as above. Sd/- (C.N.RAMACHANDRAN NAIR, JUDGE) Sd/- (K.VINOD CHANDRAN, JUDGE) jg //TRUE COPY// PA TO JUDGE.