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IN THE HIGH COURT OF KERALA AT ERNAKULAM
Anil K.Narendran, Muralee Krishna S.
Kamarudheen P. – Appellant
Versus
Vice-Chancellor, Calicut University – Respondent
| Table of Content |
|---|
| 1. suspension requires disciplinary proceedings initiation. (Para 1 , 2) |
| 2. counter affidavits rebutting allegations and justifying suspension. (Para 3 , 4) |
| 3. court's observations on party participation in proceedings. (Para 5 , 6 , 8 , 14) |
| 4. arguments regarding legality of suspension and appeal process. (Para 9 , 10 , 11 , 12) |
| 5. judicial interpretations of disciplinary proceedings initiation. (Para 13 , 17) |
| 6. regulatory framework's impact on disciplinary actions. (Para 18 , 19 , 20) |
| 7. interpretation of the posh act in relation to disciplinary measures. (Para 21 , 22 , 24) |
| 8. extension of disciplinary timelines under extenuating circumstances. (Para 25 , 26 , 27) |
| 9. final directive to conclude disciplinary proceedings expeditiously. (Para 28 , 29) |
JUDGMENT :
Muralee Krishna, J.
The petitioner in W.P.(C)No.9954 of 2024 filed W.A.No.117 of 2025 under Section 5(i) of the Kerala High Court Act, 1958, challenging the judgment dated 21.11.2024 passed by the learned Single Judge in that writ petition. The 2nd respondent, Manager of the College wherein the appellant in W.A. No.117 of 2025 is working as an Assistant Professor, filed W.A.No.326 of 2025 challenging the very same jud
Suspension of a teacher without initiating disciplinary proceedings is illegal, but ongoing inquiries conducted under statute provisions can validate the suspension.
The principle of natural justice does not apply to the issuance of an order of suspension as it is an ad-interim measure during the pendency of the departmental proceeding.
The court emphasized the importance of an independent departmental inquiry and the principles of natural justice in disciplinary proceedings.
The main legal point established in the judgment is the illegality of the suspension order and the lack of statutory force in the committee for summary trial due to non-compliance with the relevant l....
Suspension of an employee must be justified by a strong prima facie case of misconduct involving moral turpitude; arbitrary actions violate constitutional rights.
Disciplinary termination based on invalid Internal Committee lacking NGO member under POSH Act, 2013, plus criminal acquittal on identical facts, vitiates proceedings; quashing with continuity of ser....
The court held that under Section 8(4) of the DSE Act, a suspension order lapses if not approved by the Directorate of Education within 15 days, thus mandating procedural protections for educational ....
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