This writ petition challenging a termination order and an allegedly flawed Lok Ayukta complaint was filed by the former Head of the Department. The court found the complaint to be delayed and lacking corruption allegations, set aside the complaint, and allowed the petition.
The complaint before the Lok Ayukta was set aside, and the writ petition was allowed.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE SMT. JUSTICE P.V.ASHA
THURSDAY, THE 8TH DAY OF OCTOBER 2015/16TH ASWINA, 1937
WP(C).No. 5093 of 2012 (J)
PETITIONER:
DR.K.PREETHY, AGED 40 YEARS HOD-IN-CHARGE DEPARTMENT OF MUSIC, SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY, RESIDING AT 'POOJA', HOUSE NO.VIII/383 C CANAL ROAD, KALADY.
BY ADV. SMT.R.RANJINI
RESPONDENTS:
1. DR.RESMI.R.CHANDRAN HARI NIVAS, T.C. 78/4360, BEACH (P.O) THIRUVANANTHAPURAM - 695007.
2. THE REGISTRAR SREE SANKARACHARYA UNIVERSITY OF SANSKRIT, KALADY ERNAKULAM - 683574.
3. KERALA LOK AYUKTA REPRESENTED BY THE REGISTRAR, OFFICE OF THE KERALA LOK AYUKTA, LEGISLATURE COMPLEX VIKAS BHAVAN P.O., THIRUVANANTHAPURAM - 33.
R2 BY ADV. SRI.ARUN B.VARGHESE,SC, SREE SANKARACHARYA UTY. R3 BY ADV. SMT.RENU. D.P., SC, LOK AYUKTA R BY RENU .D.P,SC,LOK AYUKTA R BY SRI.P.C.SASIDHARAN,SC,SREE SANKARACHARY
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08-10-2015, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
WP(C).No. 5093 of 2012 (J)
APPENDIX
PETITIONER'S EXHIBITS
EXT.P-1 THE PHOTOCOPY OF THE ORDER DATED 21.10.2009
EXT.P-2 THE PHOTOCOPY OF THE COMPLAINT DATED 12.1.2012 SUBMITTED BY THE 1ST RESPONDENT.
RESPONDENTS' EXHIBITS : NIL
TRUE COPY
PA TO JUDGE
P.V.ASHA, J.
W.P.(C) No.5093 of 2012
Dated this the 8th day of October, 2015
JUDGMENT
This writ petition is filed by the Head of the Department in charge of the Department of Music in Sree Sankaracharya University of Sanskrit against the complaint preferred by the first respondent, before the Lok Ayukta in respect of her termination from service.
W.P.(C) No.5093 of 2012
:2:
complaint against the University, saying that the salary due to her was not paid. On a perusal of the complaint, I am unable to find any allegation relating to corruption either connecting the petitioner or the University.
In view of the fact that the termination was effected as early as on 21.10.2009 and in the complaint, the 1st respondent has not pointed out any instances of corruption, I am of the view that Ext.P2 complaint is liable to be set aside, without going into the larger questions of law urged and the writ petition is liable to
be allowed. Hence Ext.P2 complaint is set aside.
The writ petition is allowed accordingly.
P.V.ASHA, JUDGE.
rkc
2 issues framed by the court
Whether the Lok Ayukta corruption complaint regarding the petitioner's termination is maintainable when no allegations of corruption appear in the complaint filed after 2.5 years.
Whether the writ petition challenging the termination is maintainable given the respondent's failure to appear.
DR. K. PREETHY
DR. RESMI R. CHANDRAN
THE REGISTRAR SREE SANKARACHARYA UNIVERSITY OF SANSKRIT
KERALA LOK AYUKTA
P.V. ASHA
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
