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2026 Supreme(Online)(Ker) 7522

IN THE HIGH COURT OF KERALA AT ERNAKULAM
N.NAGARESH, J
DR. SHAMNAD. J. – Appellant
Versus
THE ADMINISTRATOR IQBAL COLLEGE TRUST – Respondent


Advocates:
For the Appellants/Petitioners: SHRI.M.S.RADHAKRISHNAN NAIR, SMT.ELIZEBATH GEORGE, SMT.SATHY C.B.
For the Respondents: SRI.M.SREEKUMAR, SRI.THOMAS ABRAHAM, SC, UNIVERSITY OF KERALA

J U D G M E N T

~ ~ ~ ~ ~ ~ ~ ~ ~

The petitioner, who is working as Assistant Professor in Botany in the Iqbal College, Peringamala, seeks to declare that the 1st respondent-Administrator is not entitled to continue any disciplinary proceedings against the petitioner after 28.07.2024 in view of Ext.P4 and hence Exts.P6 and P10 are illegal.

2. The petitioner states that he was appointed in the College on 18.06.2020. The petitioner detected malpractices in examination by three students. When enquiry was started against the students, certain staff members turned against the petitioner. The petitioner was suspended as per Ext.P1 order dated 20.02.2024. A Teacher cannot be kept under suspension by the educational agency except when disciplinary proceedings are initiated in view of Section 60 (2) of the Kerala University Act . No disciplinary proceedings were initiated against the petitioner.

3. A charge memo was issued only on 28.02.2024 after the suspension. Hence, Ext.P1 is illegal. Enquiry proceedings are to be completed within three months as per Section 60 (4). The proceedings were not concluded within three months and hence the petitioner submitted Ext.P3 representation dated 20.0

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