Kerala High Court
Dr. G. Reghukumar vs Sree Sankaracharya University Of ... on 23 November, 2021
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE AMIT RAWAL
TUESDAY, THE 23RD DAY OF NOVEMBER 2021 / 2ND AGRAHAYANA, 1943
WP(C) NO. 26284 OF 2021
PETITIONER/S:
DR. G. REGHUKUMAR
AGED 57 YEARS
ASSISTANT-PROFESSOR, DEPARTMENT OF MALAYALAM, SREE SANKARACHARYA
SANSKRIT UNIVERSITY, REGIONAL CENTRE, KOYILANDY, KOZHIKODE DISTRICT.
BY ADV JOSHI N.THOMAS
RESPONDENT/S:
1 SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY
P.O.KALADY, ERNAKULAM DISTRICT-683574, REPRESENTED BY ITS REGISTRAR.
2 THE VICE CHANCELLOR,
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, P.O.KALADY, ERAKULAM
DISTRICT-683574.
3 THE REGISTRAR,
SREE SANKARACHARYA UNIVERSITY OF SANSKRIT , P.O.KALADY,
ERNAKULAM DISTRICT-683574.
4 THE DIRECTOR,
REGIONAL CENTRE, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT,
KOYILANDY,
KOZHIKODE DISTRICT-673330.
5 THE DIRECTOR,
REGIONAL CENTRE, SREE SANKARACHARYA UNIVERSITY OF SANSRKIT ,
KOYILANDY, KOZHIKODE DISTRICT-673330.
6 DR.KAVITH RAMAN,
ASSISTANT PROFESSOR MALAYALAM, NOW AT SREE SANKARACHARYA UNIVERSITY
OF SANSKRIT,
P.O.KALADY, ERNAKULAM DISTRICT-683574.
OTHER PRESENT:
SRI PRASANTH S SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 23.11.2021, THE
COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C) NO. 26284 OF 2021
2
JUDGMENT
Petitioner, through the instant writ petition has sought the
following prayers:
i) Issue a writ of certiorori or other appropriate writ or order
direction calling for records lead Ext. P9 and quashing the same.
ii) Issue a writ of certiorari or other appropriate writ or order
direction calling for recrds leading to Ext.P3 and quashing the same
to the extent of censure of the petitioner on the basis of
corroborated evidence of witness not in relation to Ext P-1
complaint.
iii) Issue a writ of certiorori or other appropriate writ or order or
direction calling records leading to Ext. P-4, P-6 and P-8 and
quashing the same.
iv) Stay Ext. P-9 order pending disposal of the writ petition.
v) Issue a writ of Mandamus or any other appropriate writ, order
or direction commanding the 1st Respondent to furnish copies of
documents requested vide Ext. P-5.
2. In support of the aforementioned prayers, it is averred that
the petitioner initially joined the 1 st respondent University at its
Regional Centre as Lecturer in Malayalam on 10.6.1996, but on
account of discontinuation of the centre, the petitioner was again
appointed as Lecturer on contract basis and continued for several
years and finally on 1.3.2011, was appointed permanently as Lecturer
and posted at Regional Centre, Thiruvananthapuram and after one
year, was posted at Regional Centre, Ettumanoor. While serving at
the Koyilandi Regional Centre as Teacher-in-charge attempted to
WP(C) NO. 26284 OF 2021
correct the performance of the 6th respondent/Dr. Kavitha Raman in
the preparation of question papers and onward transmission to the 1 st
respondent University. But the same was not appreciated, resulted
into a complaint dated 21.8.2019 of sexual harassment. The 1st
respondent did not entertain the complaint in its correct perspective
and without serving a copy of complaint, petitioner was compelled to
suffer a statement before the Chairperson of the Internal Complaint
Committee on 1.3.2020. On receipt of Ext.P3 Memo, petitioner
submitted his objection particularly of technical nature without seal
etc., through E-mail, which was seriously taken note of resulting into
issuance of a show cause notice dated 27.2.2021, Ext.P4. Petitioners'
counsel submitted that Information and production of documents were
sought vide Ext.P5, but no information or documents as requested
were given by the 1st respondent University. A reply dated 16.4.2021,
Ext.P7 was submitted to the 3rd respondent. The 3 rd respondent issued
further show cause notice dated 22.10.2021, Ext.P8 and now, vide
impugned notice dated 10.11.2021 abruptly transferred to Payyannoor
Regional Centre, Ext.P9. It is contended that the aforementioned
transfer is punitive in nature and liable to be quashed.
3. Per contra, learned counsel appearing on behalf of the
respondent University, submitted that the objections on memo of
WP(C) NO. 26284 OF 2021
punishment of censure Ext.P3, was of such grave nature (which have
been read out to the Court and this Court do not deem it appropriate to
record in the order), resulted into show cause notices Ext.P4 and P8
and ultimately in the absence of any satisfactory reply, the transfer
order which is not punitive in nature was passed as it would help the
committee to conduct the enquiry in an unbiased manner.
4. I have heard the learned counsel for the parties and
appraised the paper book. Order Ext.P9 do not reflect that the transfer
is punitive in nature, for, it has been stated that the show cause notices
issued by the University were not duly replied and teachers are
required to be maintain the professional values as per the UGC
Regulations, discipline, decent communicative, potential, friendly
performance etc., but the language used on the receipt of the censure
has resulted into disciplinary action. I am of the view that the transfer
is purely administrative matter and cannot be said to be punitive in
nature, warranting interference under Article 226 of the Constitution of
India.
No ground for interference is made out. Writ petition is
accordingly dismissed.
Sd/-
sab AMIT RAWAL
JUDGE
WP(C) NO. 26284 OF 2021
APPENDIX OF WP(C) 26284/2021
PETITIONER EXHIBITS
Exhibit P1 COPY OF COMPLAINT DTD.21.08.2019 SUBMITTED
BY 6TH RESPONDENT.
Exhibit P1(a) TRUE ENGLISH TRANSLATION OF EXT.P1
Exhibit P2 COPY OF PETITION DATED 04.07.2020 SUBMITTED
BY THE PETITIONER.
Exhibit P2(a) TRUE ENGLISH TRANSLATION OF EXT.P2
Exhibit P3 COPY OF MEMO NO.13542/SSUS/2020
DTD.04.12.2020 ISSUED BY THE AD-A2 2ND
RESPONDENT
Exhibit P3(A) TRUE ENGLISH TRANSLATION OF EXT.P3
Exhibit P4 COPY OF SHO CAUSE NOTICE NO.AD-A-2/SSUS/2019
DATED 27.02.2021 ISSUED BY THE 3RD
RESPONDENT
Exhibit P4(A) TRUE ENGLISH TRANSLATION OF EXT.P-4
Exhibit P5 COPY OF INFORMATION UNDER RIGHT TO
INFORMATION ACT DTD. 15.03.2021 TO THE 2ND
RESPONDENT
Exhibit P5(A) TREU ENGLISH TRANSLATION OF P-5.
Exhibit P6 COPY OF LETTER NO.ADA2/13542/SSUS/2018
DTD.08.04.2021 ISSUED BY THE 3RD
RESPONDENT .
Exhibit P6(A) TRUE ENGLISH TRANSLATION OF EXT.P-6
Exhibit P7 COPY OF PETITION DTD.16.04.2021 SUBMITTED BY
THE PETITIONER TO THE 3RD RESPONDENT.
Exhibit P7(A) TRUE ENGLISH TRANSLATION OF EXT.P7
WP(C) NO. 26284 OF 2021
Exhibit P8 COPY OF SHOW CAUSED NOTICE
NO.ADA2/13542/SSUS/2019 DTD.22.10.2021
SUBMITTED BY THE 3RD RESPONDENT
Exhibit P8(A) TRUE ENGLISH TRANSLATION OF EXT.P8
Exhibit P9 COPY OF ORDER NO.ADA2/13542/SSUS/2018 DATED
10.11.2021 ISSUED BY THE 2ND RESPONDENT.
Exhibit P9(A) TRUE ENGLISH TRANSLATION OF EXT.P9
Exhibit P10 COPY OF ORDER DTD.04.05.2018 IN WA 925/2018
OF THIS HON'BLE COURT.
