IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN THURSDAY, THE 7TH OCTOBER 2010 / 15TH ASWINA 1932 WP(C).No. 11593 of 2010(Y) PETITIONER: --------------- K.SASIKUMAR, CLERICAL ASSISTANT (UNDER SUSPENSION), FORMS SECTION, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. BY ADV. SRI.NAGARAJ NARAYANAN SRI.RAJAN VELLOTH SRI.SAIJO HASSAN SRI.SABU SREEDHARAN SRI.BENOJ C AUGUSTIN RESPONDENTS: --------------- 1. UNIVERSITY OF KERALA, REPRESENTED BY ITS REGISTRAR, KERALA UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM. 2. VICE CHANCELLOR, UNIVERSITY OF KERALA, KERALA UNIVERSITY CAMPUS, PALAYAM, THIRUVANANTHAPURAM. 3. SEXUAL HARASSMENT ENQUIRY COMMITTEE, (ENQUIRY INTO THE COMPLAINT AGAINST K.SASIKUMAR OF SEXUAL HARASSMENT OF SMT.P.SHEREEFA BEEVI), UNIVERSITY OF KERALA, THIRUVANANTHAPURAM, REPRESENTED BY ITS CHAIRPERSON, DR.S.THANKAMONI AMMA. 4. SMT.P.SHEREEFA BEEVI, POOL OFFICER, THAPAL SECTION, UNIVERSITY OF KERALA, THIRUVANANTHAPURAM. R1 TO R3 BY ADV. SRI.M.RAJAGOPALAN NAIR, SC, KERALA UTY. R4 BY ADV. SRI.J.JAYAKUMAR THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 07/10/2010, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 10.10.2005. EXT.P2 TRUE COPY OF THE IDENTITY CARD OF THE PETITIONER DATED 1.10.2009. EXT.P3 TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 2.9.2008. EXT.P4 TRUE COPY OF THE PETITION FILED BY THE FOURTH RESPONDENT DATED 3.11.2008. EXT.P5 TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 20.1.2009. EXT.P6 TRUE COPY OF THE PETITION FILED BY THE PETITIONER DATED 24.8.2009. EXT.P7 TRUE COPY OF THE COMPLAINT FILED BY THE FOURTH RESPONDENT DATED 3.10.2009. EXT.P8 TRUE COPY OF THE CHARGE SHEET ISSUED BY THE SECOND RESPONDENT DATED 25.11.2009. EXT.P9 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER DATED 14.12.2009. EXT.P10 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 14.12.2009. EXT.P11 TRUE COPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT DATED 21.12.2009. EXT.P12 TRUE COPY OF THE LETTER ISSUED BY THE THIRD RESPONDENT DATED 23.12.2009. EXT.P13 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER ALONG WITH THE OP TICKET DATED 28.12.2009. EXT.P14 TRUE COPY OF THE REQUEST SUBMITTED BY THE PETITIONER DATED 11.1.2010. EXT.P15 TRUE COPY OF THE ORDER ISSUED BY THE FIRST RESPONDENT DATED 17.3.2010. RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE ENQUIRY REPORT AND RECORDS. COPY OF THE ORDER NO.Ad.A1.2.659/2010 DATED 14.9.2010 ISSUED BY THE FIRST RESPONDENT IS TAKEN ON RECORD BY COURT. //TRUE COPY// AHZ/ K.T.SANKARAN, J. ------------------------------------------------------ W.P.(C). NO. 11593 OF 2010 Y ------------------------------------------------------ Dated this the 7th day of October, 2010 JUDGMENT The petitioner, who is working as Unskilled Clerical Assistant in the University of Kerala, was placed under suspension pending further action, as per Ext.P15 order dated 17.3.2010. The main relief prayed for in the Writ Petition is to quash Ext.P15 order. 2. When the Writ Petition came up for consideration on 18.8.2010, a learned single Judge of this Court passed the following order: “When this matter came up for admission on 5.4.2010 and thereafter on 27.5.2010 this court directed the learned standing counsel for the University to make available the records pertaining to this case. When this matter was taken up today, the learned standing counsel appearing for the University made available the entire records. Having gone through the records I am of the view that this is a fit case wherein this Court should admit the writ petition. Admit. Issue notice. W.P.(C) NO.11593 OF 2010 :: 2 :: After going through the complaint made by the fourth respondent, I am of the view that the proceedings initiated against the petitioner based on the said complaint is liable to be stayed. This will not stand in the way of the official respondents to take action against the petitioner in case the alleged action on the part of the petitioner amounts to any misconduct. In the said circumstances, it will be open to the petitioner to submit a representation to the second respondent to revoke the order of suspension within two weeks from today. In case such a representation is received from the petitioner, the second respondent shall look into the same and pass appropriate orders thereon.” 3. The learned counsel appearing for the fourth respondent submitted that subsequently, as per the order dated 14.9.2010, the petitioner was directed to be reinstated pending finalisation of the disciplinary proceedings. A copy of the order was made available to me by the counsel for the fourth respondent and it is taken on record. The order dated 14.9.2010 reads as follows: “Shri K.Sasikumar, Unskilled Clerical Assistant was placed under suspension vide the U.O. read as paper 1, on the basis of a report of enquiry submitted by W.P.(C) NO.11593 OF 2010 :: 3 :: the Sexual harasment Enquiry Committee. The Hon'ble High Court in its Interim Order read as paper 2, in W.P. (C) No.11593 of 2010 filed by Shri K.Sasikumar, observed that the proceedings initiated against him based on the complaint is liable to be stayed and this will not stand in the way of the University to take action against him in case the alleged action on the part of the petitioner amounts to any misconduct. The Hon'ble High Court also observed that it will be open to the petitioner to submit a representation to the Vice- Chancellor to revoke the order of suspension within two weeks from the date of the Order and the Vice- Chancellor shall look into the same and pass appropriate orders thereon. Shri K.Sasikumar in his representation read as paper 3 requested to revoke his suspension at the earliest. After having considered the representation read as paper 3 and in compliance of the directions of the Hon'ble High Court, the Vice-Chancellor has ordered to reinstate Shri K.Sasikumar, Unskilled Clerical Assistant into service with immediate effect pending finalisation of the disciplinary proceedings. Shri K.Sasikumar, Unskilled Clerical Assistant is posted in the Institute of Management in Kerala, Thiruvananthapuram.” W.P.(C) NO.11593 OF 2010 :: 4 :: In the light of the order dated 14.9.2010 and also in the light of the interim order passed by this Court on 18.8.2010, I do not think anything survives in this Writ Petition. The Writ Petition is accordingly closed. It is made clear that the contentions raised by all the parties are left open to be considered at the appropriate stage. (K.T.SANKARAN) Judge ahz/