N RAVEENDRAN Vs. MANAGER SREE NARAYANA COLLEGES

JUDGEMENT

(1.) THE scope and ambit of Section 60 (4) of the Kerala university Act and whether it is mandatory or only directory is the main question for decision in this revision. THEre is also the further question as to whether the enquiry conducted against the petitioner is vitiated by violation of principles of natural justice? This civil revision petition is filed challenging the common judgment of the Kerala University Appellate Tribunal, trivandum in appeal Nos. 4 and 6 of 2004.

(2.) THE petitioner in the revision petition, Dr. N. Raveendran was the Principal of Sree Narayana Guru College, Chelannur. He was originally appointed as Lecturer under the first respondent, S. N. Trust. He was promoted and appointed as Principal on 5-10-199 8. He was issued a show cause notice while on probation as Principal and was reverted as Selection Grade Lecturer. This Court in Writ Appeal Nos. 1633 of 2001 and 1598 of 2001 found that the order of reversion is punitive and could not have been made without an enquiry. THE petitioner was directed to be reinstated as Principal without prejudice to the right to the management to act in accordance with law.

(3.) BEFORE going into these two legal contentions it may not be inappropriate to refer to the charges in nutshell (omitting unnecessary details) which are leveled against the petitioner. There are 16 charges leveled against the petitioner. The first charge was remaining unauthorisedly absent without applying for leave and making attendance even for the days of absence. The second charge was not marking attendance in the departmental attendance register but keeping the attendance register for the Principal himself and keeping it in his personal custody. The third charge was leaving the Head quarters of the college without taking prior permission from the Manager on a number of days. The fourth charge was leaving the Head Quarters without handing over charge of the Principal on various dates as enumerated in the charge sheet. The fifth charge was leaving the station without getting the leave sanctioned on various dates and disobeying the order of the Manager. The sixth charge was withdrawing amounts and misappropriating the same from the PTA fund. The seventh charge was violating admission rules prescribed by the Calicut. University and collecting excess registration fee from the students. The eighth charge was unauthorisedly collecting donation from public without knowledge and permission of the management. The nineth charge was flirting with girl students of the college and visiting girls" hostel during night and flirting with inmates. The tenth charge was taking two girl students of the first M. Com. class of the college viz. Sobhana K. V. and Reshma to Mookambika and staying with them in Devi Kripa Lodge and making unauthorized payment of Rs. 9,000/- to the girl students from the P. T. A. fund. The eleventh charge was not making available the attendance register for verification. The twelvth charge was unauthorisedly staying in the college office. The thirteenth charge was making use of office phone for personal purpose and incurring loss to the management for Rs. 28,656/ -. The fourteenth charge was not maintaining good relations with fellow teachers. The fifteenth charge was behaving in courteously and indecently to the Deputy Director of Collegiate Education. The sixteenth charge was holding the post of Director of Sreenikethan Central School, Chathannur another institution not connected with the management while holding the post of lecturer in S. N. College, Punalur and receiving bribes from various teachers for appointing them as teachers in such institutions.