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12 November 2008
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1. Understanding the collusion between the RJDCE (Regional Joint Dir. Of Education) and the Petitioner (Bishop) the judge ruled that the RJDCE credited the salary of the government employees for September and October before 19 November 2008 and filed a compliance report.
2. The judge also ordered that the salary for only those management employees found in the pay bill of August 2008 he credited for October 2008.
3. The judge rejected the Bishop’s plea for salary for all those who were appointed after 28 August 2008 when the court granted injunction.
4. The judge ordered the release of salary for Dr. George Selvakumar who has been under suspension since 12 April 2008 on the condition that it shall be recovered by the secretary after the outcome of the pending case.
5. Since the Bishop required time for filing counter to the impleading petition by 192 employees of the college, the judge adjourned the case to 20 November 2008.
6. Senior counsel Mr. Thiagarajan appeared on behalf of 192 employees and defended the impleading petition in view of the fact that the faculty constituted the major stake hold in the College Governing Council.
20 November 2008
1. After lengthy arguments cited with Supreme Court rulings, senior counsel Mr. Thiagarajan pleaded for the admittance of the impleading petition.
2. Since the court asked Mr. Thiagarajan to produce the Supreme court rulings, and since this will delay the case further, the senior counsel offered to withdraw the case to avoid further delay in our cases.
3. However, before the withdrawal submission Mr. Thiagarajan raised the pertinent question on the maintainability of the petition by the Bishop.
4. The government pleader pointed out that the Bishop has no locus standi to come to court challenging the RJ-DCE order.
5. Though the counsel for the Bishop conceded that according to the bye-laws of the Governing Council the secretary alone could represent the council in the court, he defended the Bishop approaching the court in view of the fact that he received DCE’s order.
6. The Government pleader was quick to point out that the DCE sent the Bishop only a copy of the order since it was he who raised the matter with DCE.
7. To a query from the Bench, Senior counsel for Principal and Secretary, Dr. Chinnaraj Joseph Jaikumar, Mr. Isaac Mohan Lal told the judge that he was the only approved Secretary of the college.
8. When the Senior counsel for the Bishop tried to cite the number of students enrolled for semester exams to prove that Dr. George Selvakumar is the Secretary, not only the government pleader pointed out that Dr. George Selvakumar had never been the government approved secretary at any point of time but also the judge came down heavily on the Bishop’s senior counsel, observing that he shall not bring in issues like exams that are not relevant to the main case. The judge categorically told that the court cannot be expected to run the American College and its hostels.
9. While the judge preferred a single uninterrupted hearing on the case the next day itself the Bishop’s counsel said he was not available on Friday. Hence, the case was adjourned to 27 November 2008 agreeable to both the parties.
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