IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN FRIDAY, THE 8TH AUGUST 2008 / 17TH SRAVANA 1930 WP(C).No. 22831 of 2007(R) PETITIONER: DR.P.P.MOHAMMED, AGED 50 YEARS, S/O.EASAKUTTY, REGISTRAR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT, RESIDING AT B1 QUARTERS, CALICUT UNIVERSITY P.O., MALAPPURAM DISTRICT. BY ADV. SRI.P.K.IBRAHIM SMT.K.P.AMBIKA SRI.THOMSTINE K.AUGUSTINE SRI.C.N.GOPAKUMAR RESPONDENTS: 1. UNIVERSITY OF CALICUT, REPRESENTED BY ITS REGISTRAR, CALICUT UNIVERSITY CAMPUS, THENHIPPALAM, MALAPPURAM DISTRICT. 2. THE VICE-CHANCELLOR, UNIVERSITY OF CALICUT, CALICUT UNIVERSITY CAMPUS, THENHIPPALAM, MALAPPURAM DISTRICT. 3. THE SYNDICATE, REPRESENTED BY ITS CHAIRMAN , UNIVERSITY OF CALICUT, CALICUT UNIVERSITY CAMPUS, THENHIPPALAM, MALAPPURAM DISTRICT. STANDING COUNSEL FOR CALICUT UNIVERSITY SRI.P.C.SASIDHARAN GOVERNMENT PLEADER SRI.T.T.MUHAMOOD THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON 08/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: APPENDIX PETITIONER'S EXHIBITS: EXT.P1 PHOTOCOPY OF THE G.O.(MS) NO.6/2006/H/EDN. DATED 5.1.06. EXT.P2 PHOTOCOPY OF THE G.O.(MS) NO.85/2006/H.EDN. DATED 28.7.06. EXT.P3 PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.13734/06 DATED 19.7.06 OF THIS HONOURABLE COURT. EXT.P4 PHOTOCOPY OF THE FAX MESSAGE DATED 12.7.07 RECEIVED FROM THE PRINCIPAL SECRETARY BY THE PETITIONER. EXT.P5 PHOTOCOPY OF THE NOTE NO.Ad.A3/6657/06 DATED 11.8.06 SUBMITTED BY THE PETITIONER TO THE SYNDICATE. EXT.P6 PHOTOCOPY OF THE EXTRACT OF THE MINUTES OF THE SYNDICATE MEETING DATED 14.8.06. EXT.P7 PHOTOCOPY OF THE EXTRACT OF THE MINUTES OF THE SYNDICATE MEETING DATED 13.12.06. EXT.P8 PHOTOCOPY OF THE SUBMISSION DATED 19.1.07 OF THE CONVENER OF THE STANDING COMMITTEE. EXT.P9 PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.689/04 DATED 19.5.05 OF THIS COURT. EXT.P10 PHOTOCOPY OF THE REPORT DATED 22.7.05 SUBMITTED BY CONTROLLER OF EXAMINATION. EXT.P11 PHOTOCOPY OF THE COMMUNICATION DATED 26.7.05 OF DR.D.PRABHAKARAN NAIR TO THE PETITIONER. EXT.P12 PHOTOCOPY OF THE LETTER NO.Rt/ASST/GR.II/RV/05 DATED 27.7.05 FROM THE PETITIONER TO THE L.B.S.CENTRE. EXT.P13 PHOTOCOPY OF THE EXTRACT OF THE MINUTES OF THE SYNDICATE MEETING DATED 13.9.06. EXT.P14 PHOTOCOPY OF THE EXTRACT OF THE MINUTES OF THE SYNDICATE MEETING DATED 13.9.06. EXT.P15 PHOTOCOPY OF THE EXTRACT OF THE MINUTES OF THE SYNDICATE MEETING DATED 16.1.07. EXT.P16 PHOTOCOPY OF THE REPORT DATED 3.1.07 OF THE STANDING COMMITTEE. EXT.P17 PHOTOCOPY OF THE AFFIDAVIT FILED BY THE ASSISTANT REGISTRAR ON BEHALF OF THE UNIVERSITY. EXT.P18 PHOTOCOPY OF THE RESOLUTION NO.P1 DA1/2846/2007 DATED 16.6.07 OF THE SYNDICATE MEETING. EXT.P19 PHOTOCOPY OF THE SHOW CAUSE NOTICE ALONG WITH THE FORWARDING LETTER OF THE VICE CHANCELLOR DATED 30.6.07. EXT.P20 PHOTOCOPY OF THE REPORT NO.Rt/2440/06/6-2-2006 DATED 22.3.07 FORWARDED ALONG WITH THE LETTER DATED 30.6.07. EXT.P21 PHOTOCOPY OF THE COMMENTS OF THE REGISTRAR DATED 16.7.07 EXT.P22 PHOTOCOPY OF THE RELEVANT PAGES OF THE FILE NOTE. EXT.P23 PHOTOCOPY OF THE SUBMISSION DATED 10.7.07 BY THE PETITIONER BEFORE THE VICE CHANCELLOR. EXT.P24 PHOTOCOPY OF THE JUDGMENT IN W.P.(C) NO.21652/07 DATED 13.7.07. EXT.P25 PHOTOCOPY OF THE SUBMISSION DATED 13.7.07 BY THE PETITIONER BEFORE THE VICE CHANCELLOR. EXT.P26 PHOTOCOPY OF THE NOTE NO.VCS/8/2007(32) DATED 19/7/07 GIVEN TO THE PETITIONER BY THE VICE CHANCELLOR. EXT.P27 PHOTOCOPY OF THE ORDER NO.Ad.F2/8177/2003 DATED 19.7.07 ISSUED BY THE DEPUTY REGISTRAR. EXT.P28 PHOTOCOPY OF THE RELEVANT PAGES OF THE RESOLUTION NO.2007.707 OF THE SYNDICATE MEETING HELD ON 19.7.07. EXT.P29 PHOTOCOPY OF THE EXTRACT OF THE RESOLUTION NO.2006.413 OF THE SYNDICATE MEETING HELD ON 13.12.06. EXT.P30 PHOTOCOPY OF THE REPORT DATED 11.1.07 SUBMITTED BY THE PETITIONER BEFORE THE SYNDICATE. EXT.P31 PHOTOCOPY OF THE EXTRACT OF THE RESOLUTION NO.2007.086 OF THE SYNDICATE MEETING HELD ON 16.1.07. EXT.P32 PHOTOCOPY OF THE EXTRACT OF THE RESOLUTION OF THE SYNDICATE MEETING HELD ON 30.3.07. EXT.P33 PHOTOCOPY OF THE PETITION DATED 7.4.07 FILED BY THE PETITIONER BEFORE THE CHANCELLOR WITHOUT ANNEXURES. EXT.P34 PHOTOCOPY OF THE EXTRACT OF THE RESOLUTION NO.2007.823 OF THE SYNDICATE MEETING HELD ON 26.7.07. EXT.P35 PHOTOCOPY OF THE EXTRACT OF THE RESOLUTION NO.2006.062 OF THE SYNDICATE MEETING HELD ON 29.1.05. EXT.P36 TRUE COPY OF THE VERIFIED PETITION DATED 9.8.06 FILED BY THE STANDING COUNSEL IN W.P.(C) NO.20340/06. EXT.P37 PHOTOCOPY OF THE REPORT OF THE SYNDICATE DATED 19.7.2007 APPENDED TO EXT.P28. EXT.P38 PHOTOCOPY OF THE STATEMENT FILED BY LBS BEFORE THIS COURT IN W.P.(C) NO.18620/2007. EXT.P39 PHOTOCOPY OF THE MINUTES OF THE MEETING OF THE SYNDICATE HELD ON 22.12.2007 OF THE FIRST RESPONDENT UNIVERSITY. RESPONDENTS' EXHIBITS: EXT.R1(a) TRUE COPY OF THE RESOLUTION DATED 23/12/2004. EXT.R1(b) TRUE COPY OF THE LETTER OF L.B.S. DATED 4.7.2005. EXT.R1(c) TRUE COPY OF THE LETTER OF THE UNIVERSITY DATED 6.7.2005 EXT.R1(d) TRUE COPY OF THE NOTE DATED 21/7/2005. EXT.R1(e) TRUE COPY OF THE ANSWER KEY PREPARED BY THE L.B.S. CENTRE FOR VALUATION OF THE ANSWER STRIPTS. EXT.R1(f) TRUE COPY OF THE MEMO OF CHARGES ISSUED TO THE PETITIONER DATED 13/11/2007. //TRUE COPY// AHZ K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 22831 OF 2007 -------------------------------------------- Dated this the 8th August, 2008 JUDGMENT The petitioner, while working as the Registrar of the University of Calicut, was placed under suspension as per Ext.P27 order dated 19.7.2007, which is under challenge in this Writ Petition. Learned single Judge of this court stayed the operation and implementation of Ext.P27 order as per the interim order dated 25.7.2007. The respondents in the Writ Petition challenged that order in W.A.No.1846 of 2007. The Division Bench allowed the Writ Appeal as per the judgment dated 26.7.2007 and set aside the interim order dated 25.7.2007. While disposing of the Writ Appeal, the Division Bench noticed that the petitioner had handed over charge on 19.7.2007 and a new incumbent had already assumed the office on that date itself. The Division Bench observed that under such circumstances, there was no justification for directing reinstatement. 2. Though the observation made in the judgment in the Writ Appeal filed against the interim order as such may not be binding while disposing of the Writ Petition finally, the fact remains that the petitioner was placed under suspension as per order dated 19.7.2007 and that another person has taken charge and she is continuing as the Registrar of W.P.(C) NO. 22831 OF 2007 :: 2 :: the University. It is submitted by the counsel for the petitioner as well as the Standing Counsel for the University that an enquiry officer was appointed and proceedings for enquiry are going on. It is also stated that one witness was examined and that the enquiry is being proceeded with. 3. Learned counsel for the petitioner submitted that though the petitioner is fully co-operating with the enquiry, the matter is not being proceeded with expeditiously and only one witness was examined though the trial actually commenced on 23.2.2008. Learned Standing Counsel appearing for the University submitted that the matter was being adjourned at the request of the petitioner and due to the non-co-operation of the petitioner. Learned counsel for the petitioner submitted that the submission made by the Standing Counsel for the University is not supported by any pleadings or affidavit, whereas the submission made by the petitioner is supported by an affidavit accompanying I.A.No.9295 of 2008. It is not necessary to decide that dispute for the disposal of the Writ Petition as it is not very much relevant in this context. 4. In the facts and circumstances of the case, I think, substantial justice would be sub-served by permitting either party to move the enquiry officer to complete the enquiry within a period of three months. On filing such a petition, the enquiry officer shall expedite the enquiry and W.P.(C) NO. 22831 OF 2007 :: 3 :: complete the enquiry within a period of three months. If the enquiry is not over within three months, not because of the fault of the petitioner, the petitioner would be entitled to move this Court praying for appropriate reliefs including the one for reinstatement. With these observations and directions, the Writ Petition is closed. (K.T.SANKARAN) Judge ahz/