Kerala High Court
Dr. Pradeepkumar T vs Kerala Agricultural University on 6 March, 2025
Author: N. Nagaresh
Bench: N.Nagaresh
2025:KER:18727
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
THURSDAY, THE 6TH DAY OF MARCH 2025 / 15TH PHALGUNA, 1946
WP(C) NO. 42053 OF 2023
PETITIONER:
* DR. PRADEEPKUMAR T (CORRECTED)
AGED 58 YEARS
PROFESSOR & HEAD, DEPARTMENT OF VEGETABLE
SCIENCE,COLLEGE OF AGRICULTURE UNIVERSITY, VELLAYANI,
THIRUVANANTHAPURAM , NOW HOLDING ADDITIONAL CHARGE AS
THE VICE CHANCELLOR, KERALA UNIVERSITY OF FISHERIES &
OCEAN STUDIES (KUFOS), PANANGAD ROAD, MADAVANA
JUNCTION, ERNAKULAM, PIN - 682506.
(THE OFFICIAL ADDRESS OF PETITIONER IS CORRECTED AS
"PROFESSOR & HEAD, DEPARTMENT OF VEGETABLE SCIENCE,
COLLEGE OF AGRICULTURE, VELLANIKKARA, KAU P.O.,
THRISSUR - 680656" NOW HOLDING ADDL.CHARGE AS THE VICE
CHANCELLOR, KERALA UNIVERSITYOF FISHERIES & OCEAN
STUDIES (KUFOS), PANANGAD ROAD, MADAVANA, JUNCTION,
ERNAKULAM - 682506 AS PER ORDER DATED 31.01.2024 IN
I.A.NO.1/2024.)
BY ADVS.
N.RAGHURAJ
SAYUJYA
VIVEK MENON
RANCE R.
LEGITH T.KOTTAKKAL
RESPONDENTS:
1 KERALA AGRICULTURAL UNIVERSITY
VELLANIKKARA, KAU P.O., THRISSUR ,
REPRESENTED BY ITS REGISTRAR, PIN - 680656
2025:KER:18727
W.P.(C) No.42053/2023
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2 THE VICE-CHANCELLOR
KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, KAU P.O.,
THRISSUR, PIN - 680656
3 THE REGISTRAR
THE KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, KAU P.O.,
THRISSUR, PIN - 680656
4 DR. NAMEER P.O
CHAIRMAN, INQUIRY COMMITTEE DEAN,
COLLEGE OF CLIMATE CHANGE & ENVIRONMENTAL
SCIENCE, KERALA AGRICULTURAL UNIVERSITY,
VELLANIKKARA, KAU P.O.,
THRISSUR, PIN - 680006
BY ADV. ANTONY MUKKATH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 30.01.2025, THE COURT ON 06.03.2025 DELIVERED THE
FOLLOWING:
2025:KER:18727
W.P.(C) No.42053/2023
:3:
N. NAGARESH, J.
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W.P.(C) No.42053 of 2023
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Dated this the 6th day of March, 2025
JUDGMENT
~~~~~~~~~
The petitioner is the Professor and Head,
Department of Vegetable Science under the 1 st respondent-
Kerala Agricultural University. The petitioner seeks to quash
Exts.P10, P11, P14 and P15 and to drop all proceedings
initiated against the petitioner in pursuance of Exts.P10 and
P11.
2. The petitioner states that he entered service
in July, 1996. While working as Professor, he was appointed
to exercise the powers and perform the duties of Vice
Chancellor, Kerala University of Fisheries and Ocean Studies
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(KUFOS) in addition to his normal duties, as per Ext.P1
Notification dated 05.07.2023.
3. The petitioner states that while he was
working as Associate Professor (Horticulture), he was
appointed as Principal Investigator of the project named
"Establishment of High-tech Seed Testing Facility in Kerala".
When there was shortage of funds for payment of wages to
contractual staff during the financial year 2018-2019, the
petitioner submitted a request before the Comptroller of the
University to re-appropriate an amount of ₹1 lakh from the
Head "Operational Cost", to meet expenditure towards wages
of contractual staff. The Head of the Department
recommended the request. The Comptroller of the University,
as per Ext.P8, authorised such re-appropriation and accorded
permission as per Ext.P8.
4. On 04.05.2023, the petitioner received
Ext.P10 e-mail stating that an Inquiry Committee has been
constituted to conduct a detailed inquiry on charges levelled
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against the petitioner. The petitioner was required to appear
before the Inquiry Committee on 09.05.2023. On 09.05.2023,
the petitioner was required to explain about the re-
appropriation of funds in the year 2018. Thereupon, the
petitioner submitted Ext.P12 statement.
5. After about six months, the petitioner was
served with Ext.P14 letter dated 23.11.2023 requesting the
petitioner to offer his remarks on Ext.P15 inquiry report dated
16.08.2023. Ext.P15 report revealed that the Inquiry
Committee had heard seven persons on different dates, in
person and through videoconferencing and had elicited
statements and documents from them. Those statements
were obtained behind the back of the petitioner. The motive
behind Ext.P15 report is to impose major punishment on the
petitioner.
6. The petitioner states that he is an aspirant to
the post of Director of Research under the 1 st respondent-
University. The 4th respondent, who is also an aspirant for the
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post, masterminded Ext.P15 report. Ext.P15 report is
therefore liable to be set aside along with Ext.P14 notice.
7. The counsel for the petitioner argued that the
Joint Registrar (Administration) has no authority to constitute
an Inquiry Committee. The petitioner, at no point of time, was
issued with memorandum of charges or statement of
allegations in writing. One of the members of the Inquiry
Committee has given a dissenting note stating that the
petitioner may not be responsible for the so-called forgery.
Evidence was collected from seven officials, behind the back
of the petitioner. The proceedings which culminated in
Ext.P14 report is vitiated by malafides.
8. Respondents 1 to 3 contested the writ
petition filing counter affidavit. Respondents 1 to 3 contended
that as per the University Act and Statutes, the Comptroller is
the statutory authority empowered to issue financial sanction.
Initially, the financial sanction for the above said project for the
financial year 2017-2018 had only been issued for a sum of
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₹2.36 lakhs as per order dated 17.02.2018, since there was no
sufficient release of funds for the project from the Government.
The targetted expenditure could not be met with that fund as it
was insufficient. Later, on availing sufficient fund from the
Government and as there exists an administrative and
technical sanction for a total sum of ₹5 lakhs as per Ext.P5,
the Comptroller had issued a financial sanction by authorising
an additional sum of ₹10 lakhs based on the request of the
Professor & Head, Department of Olericulture, College of
Horticulture, Vellanikkara as per letter dated 08.03.2018.
Hence, the averments of the petitioner that the Comptroller of
the University had modified the budget allocation for the
project without any recommendation from the Director of
Research or any letter of request from Department of
Vegetable Science, is opposed to facts.
9. Ext.P5 order had been issued by the
Comptroller as per request of the petitioner who was the
Principal Investigator of the project. There are two letters with
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similar number and date. The first letter (Ext.P7) is seen
recommended and forwarded with signature and seal of
Director of Research. In the second letter (Ext.P13), there is
no signature and seal of the Director of Research. In Ext.P13,
there is no signature and seal of the Director of Research.
The Director of Research informed the Comptroller that the
recommendation was issued without the concurrence of the
Director of Research. Later, the Director of Research, as per
the note dated 15.11.2018 submitted to the Vice Chancellor of
the University, informed that Ext.P5 re-appropriation order was
issued without the AS&TS of Director of Research and
doubted the genuineness of signature and seal of the Director
of Research in Ext.P7 and Ext.P13 letters having same
number and date addressed to the Comptroller. The
Comptroller, as per note dated 01.12.2018 to the Vice
Chancellor, recommended an inquiry on the issue and
necessary action against those responsible. The Vice
Chancellor ordered an inquiry on the issue by a three member
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Committee.
10. I have heard the learned counsel for the
petitioner and the learned Standing Counsel appearing for the
respondents.
11. As regards the proceedings of the Inquiry
Committee, it is evident from the counter affidavit filed by
respondents 1 to 3 that the Committee has been constituted
only for conducting a preliminary inquiry. When a preliminary
inquiry is conducted, delinquent officers need not be given
opportunity to participate in such inquiry or to adduce
evidence. Therefore, the contentions of the petitioner as
regards violation of the principles of natural justice will not hold
good to impugn Ext.P14.
12. The University Statutes provide for issuance
of memorandum of charge-sheets and statements of
allegations to a delinquent employee. Therefore, the petitioner
cannot be imposed with any punishment on the basis of a
preliminary inquiry report. If the petitioner is to be proceeded
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against and imposed with any minor or major penalty, then
indeed a confronted inquiry giving opportunity to the petitioner
to adduce evidence and cross-examine prosecution
witnesses, will have to be conducted. The petitioner cannot
have any legal grievance in that regard, at this stage of
preliminary enquiry.
13. The petitioner would contend that one of the
members of the Inquiry Committee had submitted Ext.P16
dissenting note dated 22.08.2023 categorically holding that the
petitioner is not responsible for the so-called forgery as the
petitioner had denied his signature in the document. The
said dissenting members has also held that the petitioner may
not have received any direct benefit from the alleged
misconduct, because appropriation of the funds was for
payment of wages to the project staff. Though the finding of
the said dissenting member may have substantial force, that
alone cannot be a reason to quash the inquiry report or to hold
that a departmental enquiry is unwarranted, especially when
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the allegation is of forgery of document.
14. Ext.P14 impugned by the petitioner is only a
show-cause notice. This Court will not be justified in
interfering with the proceedings initiated by the respondents at
the stage of show-cause notice. The petitioner has the right to
reply to the show-cause notice and to require the respondents
to drop the disciplinary proceedings against him.
In the facts and circumstances of the case, I
find that no interference is warranted under Article 226 of the
Constitution of India in the proceedings initiated by the
respondents, at this stage. The writ petition is therefore
dismissed.
Sd/-
N. NAGARESH, JUDGE
aks/03.03.2025
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APPENDIX OF WP(C) 42053/2023
PETITIONER'S EXHIBITS
Exhibit P1 TRUE PHOTOCOPY OF THE NOTIFICATION
BEARING NO. G56-1062/2020(5) DATED
05.07.2023 ISSUED BY THE ORDER OF THE
CHANCELLOR
Exhibit P2 TRUE PHOTOCOPY OF THE SHORT RESUME OF
PETITIONER.
Exhibit P3 TRUE PHOTOCOPY OF THE ORDER BEARING
NO. R8-64924/11 DATED 15.11.2011
ISSUED BY THE DIRECTOR OF RESEARCH
Exhibit P4 TRUE PHOTOCOPY OF THE ORDER BEARING
NO. ESTT-1/8200/2013 (II) DATED
30.09.2014 ISSUED BY THE ASSOCIATE
DEAN I/C
Exhibit P5 TRUE PHOTOCOPY OF THE ORDER BEARING
NO. R8/65371/13 DATED 30.10.2017
ISSUED BY THE DIRECTOR OF RESEARCH.
Exhibit P6 TRUE PHOTOCOPY OF THE ORDER BEARING
NO. EP/B1/22952/2017 DATED 26.03.2018
ISSUED BY THE COMPTROLLER OF THE 1ST
RESPONDENT UNIVERSITY.
Exhibit P7 TRUE PHOTOCOPY OF THE REQUEST BEARING
NO. OLERI 116/17 DATED 19.06.2018
SUBMITTED BY THE PETITIONER TO THE
COMPTROLLER OF THE 1ST RESPONDENT
UNIVERSITY
Exhibit.P8 TRUE PHOTOCOPY OF THE ORDER BEARING
NO. EP/B1/22952/2017 DATED 05.07.2018
ISSUED BY THE COMPTROLLER OF THE 1ST
RESPONDENT UNIVERSITY
Exhibit.P9 TRUE PHOTOCOPY OF THE LETTER NO.
OLERI/116/2017 DATED 06.07.2018 ISSUED
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BY THE PROFESSOR & HEAD, DEPARTMENT OF
VEGETABLE SCIENCE.
Exhibit.P10 TRUE PHOTOCOPY OF THE EMAIL DATED
04.05.2023 SENT BY THE 4TH RESPONDENT
Exhibit.P11 TRUE PHOTOCOPY OF THE ORDER BEARING
NO. G.A/L3/17124/22 DATED 07.10.2022
ISSUED BY THE JOINT REGISTRAR (ADMN.
II) BY ORDER OF THE 2ND RESPONDENT.
Exhibit.P12 TRUE PHOTOCOPY OF THE STATEMENT
BEARING NO. OLERI/116/17 DATED
10.05.2023 SUBMITTED BY THE PETITIONER
Exhibit.P13 TRUE PHOTOCOPY OF THE REQUEST DATED
19.06.2018 OF THE PETITIONER
Exhibit.P14 TRUE PHOTOCOPY OF THE LETTER BEARING
NO. KAUGA/6055/2023-GA-LB2 DATED
23.11.2023 ISSUED BY THE 3RD RESPONDENT
Exhibit.P15 TRUE PHOTOCOPY OF THE INQUIRY REPORT
DATED 16.8.2023 WITH WITNESS
STATEMENTS AND EXHIBITS I TO XI SIGNED
BY THE 4TH RESPONDENT AND ANOTHER.
Exhibit.P16 TRUE PHOTOCOPY OF THE DISSENTING NOTE
DATED 22.08.2023 SUBMITTED BY DR. MANI
CHELLAPPAN.
RESPONDENT'S EXHIBITS
Exhibit R-1(b) A true copy of the Letter No. Oleri
116/17 dated 8.3.2018 issued by the
Professor and Head, Department of
Olericulture, College of Horticulture,
Vellanikkara
Exhibit R-1(a) A true copy of the Order No
EP/B1/22952/17 dated 17.02.2018 of the
Comptroller, Kerala Agriculture
University
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Exhibit R-1(c) A true copy of the letter No.
R8/65371/13 dated 2.8.2018 issued by
the Director of Research
Exhibit R-1(d) A true copy of the Note dated
15.11.2018 of the Director of Research
Exhibit R-1(e) A true copy of the note
No.EP/B1/22952/17 dated 1.12.2018
issued by the Comptroller
Exhibit R-1(f) A true copy of the Order
No.GA/L3/17124/22 dated 7.10.22
PETITIONER'S EXHIBITS
Exhibit P17 True Copy of request letter dated 11-
05-2023 of the petitioner
