University Appellate Tribunal should not have resorted to proceedings beyond its jurisdiction; High Court quashes arrest and fine against Vellappally

KOCHI: The High Court has quashed the arrest warrant and prosecution proceedings issued by the Kerala University Appellate Tribunal against SNDP Yogam General Secretary Vellappally Natesan. The fine of five lakh was also waived. The tribunal order of August 2024 was in response to a complaint filed by Associate Professor Dr Praveen against Vellappally, who is also the manager of the Varkala Nedumkanda SN Training College, alleging that the tribunal's order to reinstate him under suspension had not been implemented.

Justice VM Shyamkumar clarified that the tribunal's action to cancel the charge memo and suspension and reinstate Praveen while the investigation was underway for disciplinary violations was invalid. As per Section 60 (7) of the Kerala University Act, a teacher can appeal to the Appellate Tribunal only against the final order in disciplinary proceedings. The High Court also pointed out the Supreme Court's order that the tribunal, which has no jurisdiction over the court, can only intervene in specific matters. The tribunal's order is to be implemented by the sub-court with jurisdiction over the area where the college is located. The tribunal initiated prosecution proceedings against the college manager under criminal law without considering this. The High Court order also states that the tribunal should not have resorted to proceedings beyond its jurisdiction, citing the non-implementation of the order. Vellappally Natesan had approached the High Court against the tribunal's order to reinstate Praveen with all benefits within three months. Adv. A.N. Rajanbabu appeared for Vellappally Natesan.