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.
--------------------------------
W.P.(C).No.14292 of 2018
----------------------------------------------
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)
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
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
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
