Kerala High Court
Ajith J vs Kerala Agricultural University on 10 July, 2025
Author: D. K. Singh
Bench: D. K. Singh
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W.P. (C) No. 25301 of 2025
2025:KER:51576
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR. JUSTICE D. K. SINGH
THURSDAY, THE 10TH DAY OF JULY 2025 / 19TH ASHADHA, 1947
WP(C) NO. 25301 OF 2025
PETITIONER:
AJITH J
AGED 37 YEARS
S/O D JAYAKUMAR, ASSISTANT SENIOR GRADE, REGIONAL
AGRICULTURAL RESEARCH CENTRE, PILICODE, KASARGODE
DISTRICT, RESIDING AT AJITH BHAVAN, VAZHAVILA,
KUNDARATHERI ROAD, PALLICHAL, NEMOM,
THIRUVANANTHAPURAM, PIN - 695020
BY ADVS.
SMT.FERHA AZEEZ
SHRI.SREERAG SHYLAN
SHRI.AKSHAY GOPAN
RESPONDENTS:
1 KERALA AGRICULTURAL UNIVERSITY
VELLAYANI, THIRUVANANTHAPURAM, REPRESENTED BY THE
REGISTRAR, PIN - 695522
2 THE VICE- CHANCELLOR
KERALA AGRICULTURAL UNIVERSITY, VELLAYANI,
THIRUVANANTHAPURAM, PIN - 695522
3 THE REGISTRAR
KERALA AGRICULTURAL UNIVERSITY, VELLAYANI,
THIRUVANANTHAPURAM, PIN - 695522
4 ASSOCIATE DIRECTOR OF RESEARCH
REGIONAL AGRICULTURAL RESEARCH STATION, SOUTH
ZONE, KERALA AGRICULTURAL UNIVERSITY, VELLAYANI,
THIRUVANANTHAPURAM, PIN - 695522
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W.P. (C) No. 25301 of 2025
2025:KER:51576
5 DR. SHEEBA REBECCA ISSAC
ASSOCIATE DIRECTOR OF RESEARCH, REGIONAL
AGRICULTURAL RESEARCH STATION, REGIONAL
AGRICULTURAL RESEARCH STATION,
KUMARAKOM, PIN - 686563
BY ADV.
SRI. ANTONY MUKKATH-SC
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION
ON 10.07.2025, THE COURT ON THE SAME DAY DELIVERED THE
FOLLOWING:
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W.P. (C) No. 25301 of 2025
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D. K. SINGH, J.
--------------------------
W.P.(C) No. 25301 of 2025
-------------------------
Dated this the 10th day of July, 2025
JUDGMENT
1. This is the 2nd writ petition filed by the petitioner for almost
identical cause of action. The earlier writ petition, W.P.(C) No. 45098
of 2024 was disposed of by this Court Judgment dated 13.06.2025
with direction to the respondents to conclude the disciplinary
proceedings expeditiously, preferably within two months in
accordance with the law, subject to full co-operation by the
petitioner. It was further provided that after the disciplinary
proceedings got over, the petitioner could move an application for
his retransfer to Thiruvananthapuram and on such an application, the
Vice Chancellor of the University should take a decision
expeditiously.
2. Now the petitioner filed this writ petition impugning the
Charge Memo in Exhibit P-7 in which charges would read as under;
I. Mr. Ajit. J., you are working as a Senior Grade Assistant in the Vellayani
Engineering Sub-Division and are not present in the office during office
hours. You have been found to have failed in your office duties due to
delay and inattention in the timely completion of the work in the office.
You have also been found to have committed serious misconduct in the
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performance of your official duties. The above matters are not at all
befitting the status of a university employee. The University takes your
action against you very seriously.
II. The Authority is satisfied that there is a prima facie case for
taking disciplinary action against you. In the circumstances, it is
decided to take disciplinary action against you as contemplated under
the Kerala Agricultural University Statute SRO 293/72. You are
requested to show cause, if any, for not taking disciplinary action. You
are hereby granted 7 days from the date of receipt of this charge memo
to file your reply. If your reply is not received within the stipulated time,
the proceedings shall proceed on the presumption that you have failed
to file any explanation. If the relevant records mentioned in the
statement of charges so desire, the Court may, on any day fixed by your
predecessor, you may, transcribe relevant passages from them any day
before the deadline for filing your defense brief.
III. The above statement regarding the incident is attached to the
allegations made by the accused.
3. The learned Counsel for the petitioner submits that with the
Charge Memo, neither the list of witnesses nor supporting
documents has been issued.
4. The learned Counsel for the University submits that the list of
witnesses and supporting documents to be relied on in support of
the charges shall be provided to the petitioner within seven days
from today.
5. Considering the aforesaid submission, the present writ petition
is disposed of with a direction to the respondents to provide the list
of witnesses and the supporting documents in support of the charge.
The petitioner may file a further reply to the Charge Memo within a
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period of one week thereafter. After the petitioner files the reply,
the Enquiry Officer will take a decision whether to proceed with the
enquiry or drop the enquiry, as the case may be.
Till a decision is taken by the disciplinary authority after the
petitioner furnishes further reply to the Charge Memo, the
disciplinary proceedings shall be kept in abeyance.
Sd/-
D. K. SINGH
JUDGE
Svn
2025:KER:51576
APPENDIX OF WP(C) 25301/2025
PETITIONER EXHIBITS
EXHIBIT P1 A TRUE COPY OF THE COMPLAINT DATED 16.08.2024
ALONG WITH ENGLISH TRANSLATION
EXHIBIT P2 A TRUE COPY OF THE NOTICE ISSUED TO THE
PETITIONER BY THE FOURTH RESPONDENT, ASSOCIATE
DIRECTOR ALONG WITH ENGLISH TRANSLATION
EXHIBIT P3 A TRUE COPY OF THE REPRESENTATION DATED
29.10.2024 SUBMITTED BY THE PETITIONER BEFORE
THE FOURTH RESPONDENT ALONG WITH ENGLISH
TRANSLATION
EXHIBIT P4 A TRUE COPY OF THE TRANSFER ORDER BEARING NO.
KAUGA/7482/2024-GA-LB2 DATED 12.12.2024
ISSUED BY THE 3RD RESPONDENT, REGISTRAR ALONG
WITH ENGLISH TRANSLATION
EXHIBIT P5 TRUE COPY OF THE RELIEVING ORDER, DATED
12.12.2024 BEARING NO. E.S.D/272/2023 OF THE
ASSISTANT EXECUTIVE ENGINEER ALONG WITH
ENGLISH TRANSLATION
EXHIBIT P6 A TRUE COPY OF THE PRELIMINARY INQUIRY REPORT
DATED -NIL- SUBMITTED BY THE FOURTH RESPONDENT
BEFORE THE THIRD RESPONDENT ALONG WITH ENGLISH
TRANSLATION
EXHIBIT P7 TRUE COPY OF THE MEMO OF CHARGES ALONG WITH
THE STATEMENT OF ALLEGATIONS DATED 29.12.2024
ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER
ALONG WITH ENGLISH TRANSLATION
EXHIBIT P8 A TRUE COPY OF THE REPLY SUBMITTED BY THE
PETITIONER DATED 24.02.2025 TO THE MEMO OF
CHARGES ALONG WITH ENGLISH TRANSLATION
EXHIBIT P9 A TRUE COPY OF THE JUDGMENT DATED 13.06.2025
IN WPC NO. 45098/2024 OF THIS HON'BLE COURT
EXHIBIT P10 A TRUE COPY OF THE ORDER BEARING NO.
KAUGA/7482/2024-GA-LB2 DATED 19.06.2025,
ISSUED BY THE 3RD RESPONDENT, REGISTRAR ALONG
WITH ENGLISH TRANSLATION
