IN THE HIGH COURT OF KERALA AT ERNAKULAM
WP(C) No. 17350 of 2007(M)
1. AHAMMAD, AGED 50,
... Petitioner
Vs
1. CORPORATE MANAGEMENT FOR MES COLLEGES
... Respondent
2. UNIVERSITY OF CALICUT
For Petitioner :SRI.N.DHARMADAN (SR.)
For Respondent :SRI.P.V.LOHITHAKSHAN
The Hon'ble MR. Justice A.K.BASHEER
Dated :28/06/2007
O R D E R
A.K. BASHEER, J.
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W.P.(C). NO. 17350 OF 2007
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Dated this the 28th day of June, 2007
J U D G M E N T
Petitioner, who is working as Lecturer (Selection Grade) in
the Department of Commerce in MES College, Kodungalloor, was
transferred to MES College, Mampad, under the same
management by order dated May 24, 2007. The said order, a
copy of which is on record as Ext.P1, is impugned in this writ
petition on various grounds.
2. The primary contention is that the action of the
management is punitive and stigmatic. The above contention has
been stoutly denied by the management. I do not propose to
deal with the rival contentions at this stage in view of the
consensus arrived at by the learned counsel for the parties at the
Bar. I hasten to add that learned counsel on either side have
been extremely fair in trying to create an atmosphere of goodwill
and congeniality.
3. Petitioner appears to have a grievance that the
management has totally misunderstood him in the sense that the
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management is now under the impression that he had taken a
partisan stand in the organisational elections reportedly held
recently. Petitioner contends that he had not taken part in any
such activity at all. Learned Senior counsel, Sri. Dharmadhan,
invites my attention to Ext.P9 in this regard. Obviously, the
management had not heard the petitioner before Ext.P1 order
was issued.
4. Sri. Lohithakshan, learned counsel for the
management, fairly submits that the management had taken the
decision to transfer the petitioner since it was prima facie
satisfied that his actions in the course of election were not above
Board.
5. It was at this juncture a suggestion was put as to
whether both sides were prepared to have an open dialogue on
the issue, so that areas of controversy or misunderstanding, if
any, could be cleared in the better interest of all concerned. As
mentioned earlier, both sides have been extremely forthright and
co-operative. Learned counsel for the management submits that
the management is prepared to hear the petitioner with an open
mind.
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In the above facts and circumstances, this writ petition is
disposed of with a direction to the management to consider the
representation, if any, that may be submitted by the petitioner
within 7 days from today in which it will be open to him to
highlight all the aspects of the issue which he would like to
project before the management. The management shall afford
an opportunity to the petitioner for a personal hearing within 7
days from the date of receipt of the representation, so that the
entire process can be finished within 15 days from today. Till
such time the process is completed, learned senior counsel,
agrees that petitioner is prepared to join duty at Ponnani where
there is a vacancy to accommodate him provisionally.
The manager shall therefore issue an appropriate order in
modification to Ext.P1 and Ext.R3(a) order so that petitioner can
assume charge at Ponanni within 3 days from today. As regards
the proposal of the management to initiate disciplinary
proceedings against the petitioner, it is made clear that it will be
open to the management to take recourse to any action which it
proposes to take. But such action shall be kept in abeyance till
the process of hearing indicated in the preceding paragraph of
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the judgment is completed. Similarly, Ext.P1 order shall also be
subject to the above decision of the management. It is made
clear that the transfer of the petitioner to Ponnani is only
provisional and subject to the final decision to be taken by the
management after hearing the petitioner.
A.K. BASHEER, JUDGE
vps
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A.K. BASHEER, JUDGE
OP NO.20954/00
JUDGMENT
1ST MARCH, 2007
WPC NO. 17350/07 Page numbers
A.K. BASHEER, JUDGE
OP NO.20954/00
JUDGMENT
1ST MARCH, 2007