Anilkumar V.R vs University Of Calicut
2021 Latest Caselaw 5094 Ker

                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

                 THE HONOURABLE MR. JUSTICE GOPINATH P.

    THURSDAY, THE 11TH DAY OF FEBRUARY 2021 / 22ND MAGHA,1942

                         WP(C).No.6386 OF 2013


PETITIONER/S:

                ANILKUMAR V.R.
                AGED 47 YEARS
                EXECUTIVE ENGINEER (ELECTRICAL),
                ELECTRICAL WING, ENGINEERING DEPARTMENT,
                UNIVERSITY OF CALICUT,
                CALICUT UNIVERSITY P.O, 673635
                MALAPPURAM DISTRICT

                BY ADV. SRI.C.P.MOHAMMED NIAS

RESPONDENT/S:

      1         UNIVERSITY OF CALICUT
                CALICUT UNIVERISTY P.O, 673635
                MALAPPURAM DISTRICT,
                REPRESENTED BY ITS REGISTRAR

      2         REGISTRAR
                UNIVERSITY OF CALICUT,
                CALICUT UNIVERISTY P.O, 673635
                MALAPPURAM DISTRICT

      3         PRO VICE CHANCELLOR
                UNIVERSITY OF CALICUT,
                CALICUT UNIVERISTY P.O, 673635
                MALAPPURAM DISTRICT

      4         VICE CHANCELLOR
                UNIVERSITY OF CALICUT,
                CALICUT UNIVERISTY P.O, 673635
                MALAPPURAM DISTRICT

      5         FIANANCE OFFICER
                UNIVERSITY OF CALICUT,
                CALICUT UNIVERISTY P.O, 673635
                MALAPPURAM DISTRICT

                R1-5 BY SRI.P.C.SASIDHARAN, SC, CALICUT UNIVERSITY

     THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD            ON
11.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C).No.6386 OF 2013

                                      2



                              JUDGMENT

Dated this the 11th day of February 2021

This Writ Petition was filed challenging the disciplinary

proceedings initiated against the petitioner. When the writ

petition was pending, the allegations which led to the

initiation of the disciplinary proceedings were placed before

an enquiry committee and after detailed scrutiny of the

facts and circumstances, that committee came to the

conclusion that no disciplinary action was warranted

against the petitioner.

2. The learned Standing counsel for the Calicut

University also filed a statement on 30.01.2021, producing a

copy of University Order No. 416/2016/Admn dated

12/01/2016 exonerating the petitioner of all charges

levelled against him.

3. In the light of the aforesaid submission, it is not

necessary to examine the validity of the impugned

proceedings as the University itself has exonerated the writ

petitioner of all the charges levelled against him. This Writ WP(C).No.6386 OF 2013

Petition is closed making it clear that the petitioner shall

entitled to all service benefits, including treatment of the

period of suspension as duty for all purposes on account of

the exoneration.

This Writ Petition will stand closed with the above

observation.

Sd/-

GOPINATH P.

JUDGE

avs WP(C).No.6386 OF 2013

APPENDIX PETITIONER'S/S EXHIBITS:

EXHIBIT P1 TRUE COPY OF THE U.O.NO.PID.E1/2763/2003 ISSUED BY THE 4TH RESPONDENT,DATED 04.09.2003

EXHIBIT P2 TRUE COPY OF THE LETTER DATED 01.08.2005 SENT BY THE PETITIONER TO THE EXECUTIVE ENGINEER,ELECTRICAL DIVISION,TIRUR

EXHIBIT P3 TRUE COPY OF LETTER DATED 19.10.2005 SENT TO THE DEPUTY CHIEF ENGINEER,ELECTRICAL CIRCLE,K.S.E.B,TIRUR

EXHIBIT P4 TRUE COPY OF THE LETTER DATED 24.06.2006 SENT BY THE UNIVERSITY ENGINEER TO THE DEPUTY THE CHIEF ENGINEER,ELECTRICAL CIRCLE,K.S.E.B,TIRUR.

EXHIBIT P5 TRUE COPY OF THE REPLY LETTER DATED 21.11.2006 SENT BY THE DEPUTY CHIEF ENGINEER,ELECTRICAL CIRCLE,K.S.E.B, TIRUR TO THE 6TH RESPONDENT

EXHIBIT P5(A) TRUE COPY OF THE LETTER ALONG WITH DD FORWARDED TO THE EXECUTIVE ENGINEER, ELECTRICAL DIVISION,KSEB,TIRURANGADI BY THE UNIVERSITY ENGINEER DATED 7/9/07

EXHIBIT P6 TRUE COPY OF THE REMINDERS DATED 31.10.2007,29.12.2007 AND 04.03.2008

EXHIBIT P7 TRUE COPY OF THE LETTER NO.FIN.AUDIT-

1/3089/LFAC/2012 DATED 12.11.2012 SENY BY THE 5TH RESPONDENT TO THE PETITIONER.

EXHIBIT P8 TRUE COPY OF THE REPLY DATED 19.11.2012 SENT BY THE PETITIONER TO THE 5TH RESPONDENT

EXHIBIT P9 TRUE COPY OF THE SUSPENSION ORDER DATED 20/12/2012 ISSUED BY THE 4TH RESPONDENT

EXHIBIT P10 TRUE COPY OF THE REPLY DATED 28.12.2012 SUBMITTED BY THE PETITIONER WP(C).No.6386 OF 2013

EXHIBIT P11 TRUE COPY OF THE LETTER DATED 22.01.2013 SENT BY THE PETITIONER TO 4TH RESPONDENT

EXHIBIT P12 TRUE COPY OF THE U.O.NO.204/2013/CU DATED 28/01/2013,ISSUED BY THE 2ND RESPONDENT TO THE PETITIONER

EXHIBIT P13 A TRUE COPY OF THE NOTE SUBMITTED BY THE 2ND RESPONDENT TO THE SYNDICATE

EXHIBIT P14 TRUE COPY OF THE EXTRACT OF THE MINUTES OF THE MEETING OF THE SYNDICATE RELATED TO ITEM NO.2013.60 DATED 18/01/2013

EXHIBIT P15 TRUE COPY OF THE LETTER DATED 13/02/2013 SENT BY THE 5TH RESPONDENT TO THE UNIVERSITY ENGINEER

EXHIBIT P16 TRUE COPY OF THE U.O NOTE NO.FIN.AUDIT.1/3089/LFAC/2012 DATED 13/02/2013 ISSUED BY THE ASSISTANT ENGINEER(II)FINANCE BRANCH TO ASSISTANT REGISTRAR(COMPUTER CELL)

EXHIBIT P17 TRUE COPY OF THE RELEVANT EXTRACT OF THE COMMENTS OF THE SYNDICATE ON THE AUDIT REPORT FOR THE YEAR 2007-08.

RESPONDENT'S/S EXHIBITS:

ANNEXURE R1(A) TRUE COPY OF THE ORDER OF THE DATED 12/01/2016.

avs //TRUE COPY// P.A TO JUDGE