P.M.Suresh v. Kerala Veterinary And Animal Sciences University
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR.JUSTICE K.VINOD CHANDRAN THURSDAY, THE 17TH DAY OF DECEMBER 2015/26TH AGRAHAYANA, 1937 WP(C).No. 37701 of 2015 (k) ---------------------------- PETITIONERS:
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1. P.M.SURESH, AGED 53 YEARS ASSISTANT REGISTRAR (HIGHER GRADE)/ ADMINISTRIATIVE OFFICER (HIGHER GRADE) CASM, THIRUVAZHAMKUNNU, PALAKKAD DISTRICT.
2. C.R.SANTHOSH, SECTION OFFICER DIRECTORATE OF ENTERPRENEURSHIP KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY POOKODE, LAKKIDI PO, WAYANAD.
BY ADVS.SRI.P.C.SASIDHARAN SRI.E.S.ASHRAF SRI.ARAVINDA KUMAR BABU T.K.
SRI.P.E.SAJAL RESPONDENTS:
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1. KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY POOKODE, LAKKIDI PO, WAYANAD REPRESENTED BY ITS REGISTRAR - 679 301.
2. THE VICE CHANCELLOR KERALA VETINARY AND ANIMAL SCIENCES UNIVERSITY, POOKODE, LAKKIDI PO, WAYANAD - 679 301.
BY SRI.MILLU DANDAPANI, SC THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 17-12-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 37701 of 2015 (k) APPENDIX PETITIONERS' EXHIBITS:- ----------------------------------- EXT. P1 - COPY OF THE COMMON ORDER GRANTING HIGHER GRADE ON CREATION OF NEW POSTS IN THE SERVICE OF THE UNIVERSITY ON RESTRUCTURING THE STAFF PATTERN OF NON-TEACHING STAFF EXT. P2 - COPY OF THE ORDER DATED 12.11.2015 EXT. P3 - COPY OF THE ORDER DATED 30.11.2015 EXT. P4 - COPY OF THE ORDER DATED 30.11.2015 EXT. P5 - COPY OF THE MEMO OF CHARGES DATED 31.07.2015 ISSUED TO THE 1ST PETITIONER EXT. P6 - COPY OF THE MEMO OF CHARGES DATED 04.08.2015 EXT. P7 - COPY OF THE EXPLANATIONS DATED 23.09.2015 BY THE 1ST PETITIONER EXT. P8 - COPY OF THE EXPLANATIONS DATED 23.09.2015 BY THE 2ND PETITIONER RESPONDENTS' EXHIBITS:- NIL --------------------------------------- //TRUE COPY// P.A. TO JUDGE sp
K. VINOD CHANDRAN, J.
---------------------------- ---------------------------- Dated this the 17th day of December, 2015.
JUDGMENT
The petitioners are concerned with Exts.P3 & P4 orders passed by the Registrar, on behalf of the Vice Chancellor, allegedly demoting them to inferior posts, occupied by them earlier. The brief facts to be noticed are that Ext.P1 is a higher placement granted to the 1st petitioner on the basis of his seniority and Ext.P2 is a promotion granted to the 2nd petitioner, again on the strength of his seniority alone.
2. It is also an admitted fact that there is a disciplinary action initiated against both
the petitioners which was on 04.08.2015, prior to Exts.P1 & P2. Exts.P3 & P4 purportedly were issued noticing the mistake that, when disciplinary proceedings are pending, the employees would not be eligible for any promotion, even if it is based on seniority.
3. The essential contention raised by the petitioners in the writ petition is that they have not been issued with any notice before such demotion was effected. The learned Standing Counsel for the respondent University would submit on instructions that the enquiry itself is now completed and that final orders on the same will be passed, at best within two weeks.
4. It has to be noticed that Exts.P3 & P4
were issued without any notice to the petitioners. Even if the petitioners were promoted or placed in a higher grade, by mistake, not noticing the disciplinary proceedings initiated against them, the cancellation of such higher placement has to be with notice to the employee.
5. It is stated that the enquiry proceedings are concluded. But Exts.P3 & P4 would stand set aside for the short reason of violation of principles of natural justice. It is made clear that this Court has not looked into the merits of the demotion; nor even referred to the Government Order noticed in Exts.P3 & P4. The respondent University would be entitled to take fresh proceedings for demotion against the
petitioners or wait till the enquiry proceedings are completed, which is purely the discretion of the University.
The writ petition is disposed of with the above observation.
Sd/- K. VINOD CHANDRAN, JUDGE.
//True Copy// P.A. to Judge.
sp/18/12/15