Allowed

Dr. v. Wilsanand v the Registrar

Kerala HC27 Nov 2020WP(C)/18689/2020

Case brief

AI extract

What is this about?

The petitioner sought relief against suspension and disciplinary proceedings. The Court held that since the University Appellate Tribunal had disposed of the statutory appeal, no further reliefs were needed in the writ petitions. The Court stayed the disciplinary proceedings for one month to enable the petitioner to challenge the Tribunal order.

What did the court decide?

Writ petitions closed without entering into merits; interim stay on disciplinary proceedings continued for one month from receipt of judgment.

Dr. v. Wilsanand Vs the Registrar — Pension and Retirement Benefits | Kerala HC (2020)

¶1

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶2

PRESENT

¶3

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶4

FRIDAY, THE 27TH DAY OF NOVEMBER 2020 / 6TH AGRAHAYANA, 1942

¶5

WP(C).No.18689 OF 2020(I)

¶6

PETITIONER:

¶7

DR. V. WILSANAND, AGED 54 YEARS S/O. T.VELAYUDHAN, ASSOCIATE PROFESSOR AND HEAD OF THE DEPARTMENT (UNDER SUSPENSION), DEPARTMENT OF ZOOLOGY, SREE NARAYANA COLLEGE, ALATHUR, PALAKKD-678 682

¶8

BY ADVS. SRI.R.HARISHANKAR SMT.PARVATHY NAIR

¶9

RESPONDENTS:

¶10

1 THE REGISTRAR, UNIVERSITY OF CALICUT, UNIVERSITY OF CALICUT CAMPUS, THENHIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRCT-673 635

¶11

2 UNIVERSITY OF CALICUT,

¶12

REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF CALICUT CAMPUS,THENHIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRCT-673 635

¶13

3 CORPORATE MANAGER, SREE NARAYANA TRUST, P.B.NO.63,KOLLAM-691 007

¶14

4 M.S RUPESH

¶15

ADVOCATE AND ENQUIRY OFFICER, TAILOR STREET, COURT ROAD, PALAKKAD-678 001

¶16

SRI.A.N.RAJAN BABU

¶17

SRI.VINOD KUMAR.C SRI. BIJOY CHANDRAN - SR.GP, SRI. P.C.SASIDHARAN - SC

¶18

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2020, ALONG WITH WP(C).19721/2020(M), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶19

WP(C).No.18689 OF 2020(I) & con.case.

¶20

¶21

IN THE HIGH COURT OF KERALA AT ERNAKULAM

¶22

PRESENT

¶23

THE HONOURABLE MR. JUSTICE DEVAN RAMACHANDRAN

¶24

FRIDAY, THE 27TH DAY OF NOVEMBER 2020 / 6TH AGRAHAYANA, 1942

¶25

WP(C).No.19721 OF 2020(M)

¶26

PETITIONER:

¶27

DR.V.WILSANAND, AGED 54 YEARS, S/O.T.VELAYUDHAN, ASSOCIATE PROFESSOR AND HEAD OF THE DEPARTMENT (UNDER SUSPENSION), DEPARTMENT OF ZOOLOGY, SREE NARAYANA COLLEGE, ALATHUR, PALAKKAD-678682.

¶28

SRI.R.HARISHANKAR SMT.PARVATHY NAIR

¶29

RESPONDENTS:

¶30

1 THE REGISTRAR, CALICUT UNIVERSITY, UNIVERSITY OF CALICUT CAMPUS, THENHIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT-673635.

¶31

2 UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, UNIVERSITY OF CALICUT CAMPUS, THENHIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT-673635.

¶32

3 THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, UNIVERSITY OF CALICUT CAMPUS, THENHIPALAM, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT-673635.

¶33

4 THE DIRECTOR OF COLLEGIATE EDUCATION, THIRUVANANTHAPURAM-695001.

¶34

5 THE DEPUTY DIRECTOR OF COLLEGIATE EDUCATION, CIVIL STATION, THRISSUR-680001.

¶35

6 CORPORATE MANAGER, SREE NARAYANA TRUST, P.B.NO.63, KOLLAM-691007.

¶36

7 DR.R.BINDU, DRAWING AND DISBURSING OFFICER, ASSISTANT PROFESSOR, DEPARTMENT OF BOTANY, S.N.COLLEGE, ALATHUR-678541.

¶37

SRI.A.N.RAJAN BABU

¶38

THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 27.11.2020, ALONG WITH WP(C).18689/2020(I), THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

¶39

WP(C).No.18689 OF 2020(I) & con.case.

¶40

¶41

JUDGMENT

¶42

[ WP(C).18689/2020, WP(C).19721/2020 ] Dated this the 27th day of November 2020

¶43

When these matters are called today, the learned counsel for the parties are ad idem that the University Appellate Tribunal has already disposed of the statutory appeal filed by the petitioner. In fact, the said Tribunal has also reported the same before this Court, in response to a query posed to it by the Registry of this Court, as ordered by me.

¶44

In the afore circumstances, I am certain that none of the prayers in these writ petitions can be now considered by this Court, particularly because the petitioner will have to first challenge the order of the University Appellate Tribunal, if he requires any further relief.

¶45

However, Sri.R.Harishankar, the learned counsel for the petitioner submits that his client is yet to receive a copy of the order from the University Appellate Tribunal and that he has applied for the same.

¶46

I am, therefore, of the firm view that no further reliefs can be granted in these writ petitions but that the petitioner must be given an opportunity of challenging the order of the

¶47

WP(C).No.18689 OF 2020(I) & con.case.

¶48

¶49

University Appellate Tribunal appropriately, for which purpose some time will certainly have to be afforded to him.

¶50

In the afore circumstances, I close these writ petitions, without entering into the merits of any of the contentions of the rival parties; however, ordering that the interim order of stay dated 11.09.2020 against disciplinary proceedings issued in W.P.(C) No.18689/2020 shall continue to be in operation for a period of one month from the date of receipt of a copy of this judgment, so as to enable the petitioner to challenge the proceedings of the University Appellate Tribunal appositely.

¶51

Sd/- DEVAN RAMACHANDRAN

¶52

Stu

¶53

JUDGE

¶54

WP(C).No.18689 OF 2020(I) & con.case.

¶55

¶56

APPENDIX OF WP(C) 18689/2020

¶57

PETITIONER'S EXHIBITS:

¶58

EXHIBIT	P1 TRUE COPY OF THE COMMUNICATION DATED 15.06.2020 ISSUED BY THE 1ST RESPONDENT TO THE PETITIONER
EXHIBIT	P2 TRUE COPY OF JUDGMENT DATED 06.07.2020 PASSED BY THIS HON'BLE COURT IN WRIT PETITION (C) 6845/2020
EXHIBIT	P3 TRUE COPY OF COMMUNICATION DATED 14.08.2020 ISSUED BY 1ST RESPONDENT TO THE 3RD RESPONDENT
EXHIBIT	P4 TRUE COPY OF JUDGMENT DATED 21.08.2020 ISSUED BY THIS HON'BLE COURT IN WRIT PETITION (C) NO.14817/2020
EXHIBIT	P5 TRUE COPY OF APPEAL NO.2 OF 2020 DATED 07.09.2020 FILED BY PETITIONER ASSAILING EXHIBIT P3 BEFORE UNIVERSITY APPELLATE TRIBUNAL, THIRUVANANTHAPURAM
EXHIBIT	P6 TRUE COPY OF IA 8/2020 IN APPEAL NO.2/2020 DATED 07.09.2020 FOR STAY OF EXHIBIT P3 AND DIRECTION TO 4TH RESPONDENT NOT TO PROCEED WITH DOMESTIC ENQUIRY
EXHIBIT	P7 TRUE COPY OF MINUTES OF DOMESTIC ENQUIRY PROCEEDINGS BEFORE THE 4TH RESPONDENT DATED 08.09.2020
EXHIBIT	P8 TRUE COPY OF MINUTES OF DOMESTIC ENQUIRY PROCEEDINGS BEFORE THE 4TH RESPONDENT DATED 09.09.2020
EXHIBIT	P9 TRUE COPY OF MINUTES OF DOMESTIC ENQUIRY PROCEEDINGS BEFORE THE 4TH RESPONDENT DATED 10.09.2020
EXHIBIT	P10 TRUE COPY OF MINUTES OF THE HEARIG BEFORE THE VICE CHANCELLOR OF 2ND RESPONDENT UNIVERSITY DATED 15-07-2020

¶59

WP(C).No.18689 OF 2020(I) & con.case.

¶60

¶61

¶62

PETITIONER'S EXHIBITS:

¶63

EXHIBIT P1	TRUE COPY OF ORDER OF SUSPENSION DATED 24.2.2020 BEARING NO.4A-507 ISSUED BY 6TH RESPONDENT TO PETITIONER.
EXHIBIT P2	TRUE COPY OF JUDGMENT OF THIS HON'BLE COURT IN WRIT PETITION NO.6845/2020 DATED 15.06.2020.
EXHIBIT P3	TRUE COPY OF JUDGMENT DATED 06.07.2020 PASSED BY THIS HON'BLE COURT IN WRIT PETITION(C) 6845/2020.
EXHIBIT P4	TRUE COPY OF COMMUNICATION DATED 11.06.2020 ISSUED BY 6TH RESPONDENT TO THE ENQUIRY OFFICER.
EXHIBIT P5	TRUE COPY OF COMMUNICATION DATED 06.07.2020 ISSUED BY ENQUIRY OFFICER TO THE PETITIONER.
EXHIBIT P6	TRUE COPY OF MINUTES OF DISCIPLINARY PROCEEDINGS DATED 18.07.2020 BY ENQUIRY OFFICER.
EXHIBIT P7	TRUE COPY OF COMMUNICATION DATED 14.08.2020 ISSUED BY 1ST RESPONDENT TO THE 6TH RESPONDENT.
EXHIBIT P8	TRUE COPY OF JUDGMENT DATED 21.08.2020 ISSUED BY THIS HON'BLE COURT IN WRIT PETITION (C).NO.14817/2020.
EXHIBIT P9	TRUE COPY OF INTERIM ORDER PASSED BY THIS HON'BLE COURT IN WRIT PETITION NO.18689/2020 ON 11.09.2020.
EXHIBIT P10	TRUE COPY OF COMMUNICATION DATED 03.09.2020 ISSUED BY 6TH RESPONDENT TO THE PETITIONER.
EXHIBIT P11	TRUE COPY OF MEMO OF CHARGES WITH STATEMENT OF ALLEGATIONS DATED 24.12.2019.
EXHIBIT P12	TRUE COPY OF ADDITIONAL MEMO OF CHARGES WITH STATEMENT OF ALLEGATIONS DATED 05.02.2020.

Dr. v. Wilsanand v the Registrar

Case brief

What is this about?

What did the court decide?

Dr. v. Wilsanand v the Registrar

Case brief

What is this about?

What did the court decide?

What the court decided

A compact analysis

Issues for consideration

Parties & counsel

Coram

Case details

Similar cases

K. Chandra Bai Vs R. Naveen Kumar

S.Bindu Vs Kerala State Road Transport Corporation

Ancy Thomas Vs State of Kerala

K.S. Govindan Nair, Vs State of Kerala

Dr.v.Wilsanand Vs the Registrar

N.V. Raju Vs State of Kerala