IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT : THE HONOURABLE MR. JUSTICE K.T.SANKARAN MONDAY, THE 18TH AUGUST 2008 / 27TH SRAVANA 1930 WP(C).No. 10593 of 2008(J) PETITIONER: DOCTOR J.BABY, READER IN PHYCHOLOGY, UNIVERSITY OF CALICUT, P.O.CALICUT UNIVERSITY, TENHIPPALAM, MALAPPURAM DISTRICT. BY ADV. SRI.K.M.SATHYANATHA MENON RESPONDENTS: 1. THE UNIVERSITY OF CALICUT, REPRESENTED BY THE REGISTRAR, P.O.CALICUT UNIVERSITY, TENHIPPALAM, MALAPPURAM DISTRICT. 2. THE VICE CHANCELLOR, UNIVERSITY OF CALICUT, P.O.CALICUT UNIVERSITY, TENHIPPALAM, MALAPPURAM DISTRICT. BY STANDING COUNSEL SRI.P.C.SASIDHARAN THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 18/08/2008, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: K.T.SANKARAN, J. -------------------------------------------- W.P.(C) NO. 10593 OF 2008 J -------------------------------------------- Dated this the 18th August, 2008 JUDGMENT The petitioner was working as Reader in Psychology in the University of Calicut. He retired from service after filing the Writ Petition. The relief prayed for in the Writ Petition is for the issue of a writ of mandamus directing the respondents to reinstate the petitioner with immediate effect as Reader in Psychology Department. The petitioner was placed under suspension and disciplinary proceedings were initiated against him. The grievance voiced by the petitioner in the Writ Petition is that though the order of suspension was passed on 28.1.2007, the disciplinary proceedings were not completed expeditiously. 2. When the Writ Petition came up for admission, it was submitted on behalf of the University that the petitioner would be heard and a final decision in the matter would be taken. The University has now passed an order dated 31.7.2008, copy of which was made available by the Standing Counsel for the University. The said order is taken on record. The relevant portion of the order dated 31.7.2008 reads as follows: “The committee after a detailed enquiry, submitted its report. As per paper read as eleventh, the Syndicate at its meeting held on 19.07.2008 considered the report submitted by the committee that enquired into the charges against Dr.John Baby and resolved vide item No.2008.466 as follows: W.P.(C) NO.10593 OF 2008 :: 2 :: 'Resolved to accept the enquiry report. Since it is proved beyond doubt that Dr.John Baby has violated the provisions of the statutes, KSR and KS & SSR and the Code of professional ethics of the UGC, he is liable to be punished as per the provisions of the Calicut University First Statutes 1977 Chapter IV Part III. Hence it is resolved to impose a penalty on him as per section 25A to withhold one increment with cumulative value, considering the fact that the officer has already retired from service'. Under the circumstance, sanction has been accorded by the Vice-Chancellor on 28.07.2008 to withhold one increment of Dr.John Baby, Reader (Retd) Department of Psychology, with cumulative effect. Orders are issued accordingly.” In view of the order dated 31.7.2008, passed by the University, the Writ Petition has become infructuous. Accordingly, the Writ Petition is dismissed as infructuous. The dismissal of the Writ Petition is without prejudice to the right of the petitioner to challenge the order dated 31.7.2008 before the appropriate authority. (K.T.SANKARAN) Judge ahz/