Kerala High Court
Dr.Tony Grace vs Central University Of Kerala on 28 June, 2024
Author: P.V.Kunhikrishnan
Bench: P.V.Kunhikrishnan
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE P.V.KUNHIKRISHNAN
FRIDAY, THE 28TH DAY OF JUNE 2024 / 7TH ASHADHA, 1946
WP(C) NO. 14292 OF 2018
PETITIONER:
DR.TONY GRACE
ASSISTANT PROFESSOR, DEPARTMENT OF GENOMIC
SCIENCE, CENTRAL UNIVERSITY KERALA TRANSIT
CAMPUS,PADANNAKAD,RESIDING AT GRACE NIVAS,
SANATHANAPURAM P.O, ALLEPPEY,KERALA 688 003.
BY ADVS.
SRI.THOMAS ABRAHAM
SRI.ASWIN.P.JOHN
SMT.MERCIAMMA MATHEW
RESPONDENTS:
1 CENTRAL UNIVERSITY OF KERALA
THEJESWINI HILLS, PERIYE P.O, KASARAGOD,
REPRESENTED BY ITS REGISTRAR - 671 316.
2 THE VICE - CHANCELLOR
CENTRAL UNIVERSITY OF KERALA, THEJESWINI HILLS,
PERIYE P.O, KASARAGOD 671 316.
3 DR. M.S JOHN
CHIEF VIGILANCE OFFICER,
THE CENTRAL UNIVERSITY OF KERALA 671 316.
4 DR. JAYASHANKAR
DEAN, SCHOOL OF LEGAL STUDIES,
PRESENTING OFFICER- 671 316.
5 DR. M.R BIJU
ASSOCIATE PROFESSOR, HEAD AND INQUIRING AUTHORITY,
DEPARTMENT OF PUBLIC ADMINISTRATION & POLICY
STUDIES, CENTRAL UNIVERSITY OF KERALA,
KASARAGOD - 671 316.
BY ADVS.K.RAMAKUMAR (SR.)
T.RAMPRASAD UNNI, SC, CENTRAL UNIVERSITY OF KERALA
S.M.PRASANTH
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 28.06.2024, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
WP(C).No.14292/2018
2
P.V.KUNHIKRISHNAN, J.
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W.P.(C).No.14292 of 2018
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Dated this the 28th day of June, 2024
JUDGMENT
This writ petition is filed with following prayers:
i. call for the records leading to Exhibits P3, P4 and P6 and quash the same and all steps taken pursuant to the same by issuing a writ of certiorari or any other appropriate writ, order or direction;
ii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 3 and 4 to close the enquiry proceedings initiated against the petitioner finding that more than 1 year has lapsed since the disciplinary proceedings were initiated; iii. issue a writ of mandamus or any other appropriate writ, order or direction commanding the respondents 3 and 4 to consider and pass orders on Exhibit P5 representation after affording an opportunity of hearing to the petitioner through his authorized representative; iv. grant such other and further reliefs as deemed by this Hon'ble Court fit and proper to grant in the facts and circumstances of this case.
(SIC) WP(C).No.14292/2018 3
2. The main prayer in this writ petition is to issue a direction to respondents 3 and 4 to close the enquiry proceedings initiated against the petitioner.
3. This writ petition is pending before this Court from 2018 onwards. I am of the considered opinion that this writ petition need not be retained here. If there is any fresh cause of action to the petitioner, the same is left open.
With the above observation, this writ petition is disposed of.
sd/-
P.V.KUNHIKRISHNAN JV JUDGE WP(C).No.14292/2018 4 APPENDIX OF WP(C) 14292/2018 PETITIONER EXHIBITS EXHIBIT P1 THE TRUE COPY OF THE MEMO DATED 18.1.2017 ISSUED TO THE PETITIONER. EXHIBIT P2 THE TRUE COPY OF THE WRITTEN STATEMENT FILED BY THE PETITIONER IN ANSWER TO THE ALLEGATIONS AND CONTENTIONS IN EXHIBIT P1 MEMORANDUM.
EXHIBIT P3 THE TRUE COPY OF THE MEMO NO.CUKET/PF-
25/TG/2011/176793 DATED 12.3.2018
ISSUED BY THE VICE CHANCELLOR
APPOINTING A NEW INQUIRING AUTHORITY. EXHIBIT P4 THE TRUE COPY OF THE MEMO NO.
CUKET/PF-25/TG/2011/176792 DATED 12.3.2018 ISSUED BY THE VICE-
CHANCELLOR APPOINTING NEW PRESENTING OFFICER.
EXHIBIT P5 THE TRUE COPY OF THE REPRESENTATION DATED 7.4.2018 SUBMITTED BY THE PETITIONER.
EXHIBIT P6 THE TRUE COPY OF THE MEMO NO.INQ/RULE-
14/1/2017-18 DATED 10-4-2018 ISSUED BY THE 5TH RESPONDENT.
EXHIBIT P7 THE TRUE COPY OF THE LETTER DATED 18.4.2018 SUBMITTED BY THE PETITIONER.
RESPONDENT'S EXHIBITS EXHIBIT R1(A)- THE TRUE COPY OF THE NOTIFICATION DATED 22.5.2017 ISSUED BY THE RESPONDENTS EXHIBIT R1(B)- A TRUE COPY OF THE ORDER NO. CUK/ADM/ESTT/TEACH/GEN/2015/MEMO/C1058 DATED 08/06/16 ISSUED BY THE VICE-CHANCELLOR EXHIBIT R1(C)- THE TRUE COPY OF THE REQUEST LETTER DATED 09/03/2017 SUBMITTED BY THE PETITIONER WP(C).No.14292/2018 5 EXHIBIT R1(D)- THE TRUE COPY OF THE PROCEEDING DATED 09.03.2017 ISSUED BY M.S. JOHN, THE INQUIRING AUTHORITY EXHIBIT R1(E)- A TRUE COPY OF THE LETTER DATED 18.07.2017 ISSUED BY DR. M. S. JOHN EXHIBIT R1(F)- A TRUE COPY OF THE ORDER NO.CUK/ET/PF/25/TG/2011/E-363 DATED. 23/04/2018 ISSUED BY THE VICE-CHANCELLOR EXHIBIT R1(G)- A TRUE COPY OF THE LETTER DATED 20.03.2018 ISSUED BY THE INQUIRING AUTHORITY EXHIBIT R1(H)- A TRUE COPY OF THE LETTER DATED 26.04.2018 ISSUED BY THE INQUIRING AUTHORITY TO THE PETITIONER EXHIBIT R1(I)- A TRUE COPY OF THE LETTER DATED 08.04.2019 ISSUED BY THE PETITIONER TO THE REGISTRAR