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2007 Supreme(Ker) 470

THOTTATHIL B.RADHAKRISHNAN
R. Hariharan Pillai, Thrissur – Appellant
Versus
Principal, Sree Kerala Varma College, Thrissur – Respondent


Judgment :-

Ex.P4, an order placing the petitioner under suspension pending enquiry an counts of indiscipline, is under challenge.

2. The petitioner’s complaint is that Ext.P2 is the result of victimization arising out of the animosity that the management has towards him owing to a series of litigations, the last among which has culminated in the judgment issued by this Court on 17th July, 2007, in W.P.(C).No.20465/2007. It was also argued by the learned counsel for the writ petitioner that the impugned action of issuance of Ext.P4 is in excess of authority under Sub-section (2) of Section 60 of the Calicut University Act, 1975, hereinafter referred to as the “Act”, read in the context of Statute 71(2) of the Calicut University (Conditions of Service of teachers and members of Non-teaching Staff) First Statutes, 1979, hereinafter referred to as the “Statutes”.

3. The question of victimization, bias, etc. would be relevant for consideration only when this Court is required to sit in judgment on the procedure adopted in the disciplinary proceedings and any resultant order of penalty. At times, the initiation of disciplinary proceedings may itself be founded on victimization. But the me



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