Allowed

Dr.K.Sajan, Professor (Rtd) v. Cochin University of Science and Technology - Cusat

Kerala HC12 Dec 2023WP(C)/5914/2022

Case brief

AI extract

What is this about?

The High Court of Kerala quashed Ext.P18 order and directed the respondent to implement Ext.P8 and issue consequential orders on retirement benefits within two months, as the underlying enquiry report was set aside by the Chancellor.

What did the court decide?

Ext.P18 quashed; respondent directed to issue consequential orders regarding retirement benefits within two months.

Dr.K.Sajan, Professor (Rtd) Vs Cochin… — Pension and Retirement Benefits | Kerala HC (2023)

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WP(C) NO. 5914 OF 2022

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IN THE HIGH COURT OF KERALA AT ERNAKULAM

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PRESENT

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THE HONOURABLE MR. JUSTICE T.R.RAVI

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TUESDAY, THE 12^TH DAY OF DECEMBER 2023 / 21ST AGRAHAYANA, 1945

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WP(C) NO. 5914 OF 2022

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PETITIONER:

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DR.K.SAJAN, PROFESSOR (RTD) DEPARTMET OF MARINE GEOLOGY AND GEO PHYSICS, SCHOOL OF MARINE SCIENCES, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, FINE ARTS AVENUE, KOCHI-682016, RESIDING AT HOUSE NO.122 KARYAKULAM, MATHER NAGAR, CHANGAMPUZHA NAGAR P O, KOCHI-682033.

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BY ADVS. K.JAJU BABU (SR.) BRIJESH MOHAN SACHIN RAMESH ARAVIND T RAMESH ASADU AHMMED CHULLINTE

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RESPONDENT:

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COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY - CUSAT KALAMASSERY, COCHIN-682022, REPRESENTED BY ITS REGISTRAR.

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BY ADV SHRI.S.P.ARAVINDAKSHAN PILLAY, SC, COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY

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THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.12.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

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WP(C) NO. 5914 OF 2022

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T.R.RAVI, J

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W.P.(C)No.5914 of 2022

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Dated this the 12^th day of December, 2023

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JUDGMENT

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The writ petition has been filed praying to quash Ext.P18 order and for a direction to the respondents to implement Ext.P8 and drop all subsequent proceedings Exts.P11, P15 and P18. The petitioner says that he has not preferred statutory appeal since the order challenged is not an order in accordance with the Statutes and hence an appeal could not be maintained. Pending this writ petition, appeals preferred by two other Assistant Professors who were also aggrieved by the enquiry report and punishment, was considered by the Chancellor of the University and by order dated 18.09.2023, copy of which has been produced as Ext P20, the appeals were allowed and the enquiry report itself has been set aside.

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In view of the subsequent developments, the very basis of the orders issued against the petitioner is not available. As the enquiry report itself stands set aside, orders based on the enquiry reports cannot be sustained. In the above circumstances, the petitioner is

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WP(C) NO. 5914 OF 2022

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entitled to succeed. Ext P18 is quashed. Consequential orders regarding the retirement benefits shall be issued within two months

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from the date of receipt of a copy of this judgment.

Sd/-

T.R.RAVI, JUDGE

R.AV

WP(C) NO. 5914 OF 2022

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APPENDIX OF WP(C) 5914/2022

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PETITIONER EXHIBITS

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Exhibit P1	TRUE COPY OF THE SUSPENSION ORDER NO.AD.D1/NG & G.P/D.P/2017 DATED 17.11.2017 ISSUED BY THE RESPONDENT.
Exhibit P1(A)	TRUE COPY OF THE MODIFICATION ORDER NO.AD.D1/NG & G.P/D.P/2017 DATED 5.12.2017 ISSUED BY THE RESPONDENT.
Exhibit P2	TRUE COPY OF THE JUDGMENT DATED 15.12.2017 IN WPC NO.37616/2017 OF THIS HON'BLE COURT.
Exhibit P3	TRUE COPY OF THE ORDER NO.AD.D1/NG & G.P/D.P/2017 DATED 2.2.2018 ISSUED BY THE RESPONDENT.
Exhibit P4	TRUE COPY OF THE JUDGMENT DATED 23.03.2018 IN W A NO.194/2018 AND CONNECTED CASES PASSED BY THIS HON'BLE COURT.
Exhibit P5	TRUE COPY OF THE ORDER NO.FIN.IV/964/P/2018 DATED 19.07.2018 ISSUED BY THE RESPONDENT.
Exhibit P6	TRUE COPY OF THE MEMO OF CHARGES DATED 20.07.2018 ISSUED BY THE RESPONDENT TO THE PETITIONER.
Exhibit P7	TRUE COPY OF THE INTIMATION NO.AD.D2/209/84 DATED 03.09.2019 ISSUED BY THE RESPONDENT TO THE PETITIONER.
Exhibit P8	TRUE COPY OF THE ORDER DATED 18.01.2020 PASSED BY THE OFFICE OF THE ENQUIRY OFFICER, ERNAKULAM.
Exhibit P9	TRUE COPY OF THE RELEVANT EXTRACT OF THE MINUTES OF THE 673RD MEETING OF THE SYNDICATE HELD ON 22.02.2020.

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WP(C) NO. 5914 OF 2022

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Exhibit P10	TRUE COPY OF THE LETTER VIDE NO.LA.1/ENQUIRY/2019 DATED 04.03.2020 ISSUED BY ONE LEELAMANI N TO THE REGISTRAR OF THE UNIVERSITY.
Exhibit P11	TRUE COPY OF THE ORDER NO.IA.1/ENQUIRY/2019 DATED 13.07.2020 PASSED BY THE REGISTRAR OF THE UNIVERSITY ALONG WITH TYPED COPY.
Exhibit P12	TRUE COPY OF THE COUNTER AFFIDAVIT FILED BY THE RESPONDENT IN WPC NO.17990/2020 BEFORE THIS HON'BLE COURT ON 18.10.2020 9WITHOUT EXHIBITS)
Exhibit P13	TRUE COPY OF THE JUDGMENT DATED 18.12.2020 IN WPC NO.17990/2020 OF THIS HON'BLE COURT.
Exhibit P14	TRUE COPY OF THE JUDGMENT DATED 10.02.2021 IN W A NO.237/2021 OF THIS HON'BLE COURT.
Exhibit P15	TRUE COPY OF THE RELEVANT EXTRACT OF THE REPORT DATED 20.11.2021 REGARDING THE MATTER OF ENQUIRY AGAINST THREE TEACHERS OF THE RESPONDENT UNIVERSITY.
Exhibit P16	TRUE COPY OF THE MEMO DATED 02.12.2021 ISSUED BY THE RESPONDENT UNIVERSITY WITH COPY TO THE PETITIONER.
Exhibit P17	TRUE COPY OF THE OBJECTION/REPRESENTATION FORWARDED BY THE PETITIONER, RECEIVED AND ACKNOWLEDGED BY THE RESPONDENT UNIVERSITY ON 17.12.2021.
Exhibit P18	TRUE COPY OF THE ORDER VIDE NO.CUSAT/AD(D).D1/493/2022 DATED 29.01.2022 ISSUED BY THE RESPONDENT UNIVERSITY.
Exhibit P19	TRUE COPY OF THE MEMO OF CHARGE NO.AD.D1/MG.GP/DISCIPLINARY PROCEEDINGS/2017 ISSUED TO DR.P.AJAYAKUMAR ON 20.07.2018

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WP(C) NO. 5914 OF 2022

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Exhibit P20	TRUE COPY OF THE NO.AD.D1/MG.GP/DI PROCEEDINGS/2017 ON 20.07.2018	MEMO OF CHARGE SCIPLINARY ISSUED TO DR.NISHA N.R.
Exhibit P21	TRUE COPY OF THE CUSAT/AD(D).D1/16 FORWARDED BY THE	ORDER NO. 25/2023 DATED 01.04.2023 RESPONDENT.
Exhibit P22	TRUE COPY OF THE CUSAT/AD(D).D1/34 FORWARDED BY THE	ORDER NO. 80/2023 DATED 05.08.2023 RESPONDENT.
Exhibit P23	TRUE COPY OF THE CHANCELLOR (FILE 18.09.2023.	ORDER/PROCEEDINGS OF THE NO.GS5-813/2022) DATED
Exhibit P24	TRUE COPY OF THE THE UNIVERSITY VI D1/4945/2023 DATE	ORDER OF THE REGISTRAR OF DE NO.CUSAT/AD(D). D 16.11.2023

Dr.K.Sajan, Professor (Rtd) v. Cochin University of Science and Technology - Cusat

Case brief

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Dr.K.Sajan, Professor (Rtd) v. Cochin University of Science and Technology - Cusat

Case brief

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