Kerala High Court
Dr.Babu M Philip vs The Keralaagricultural University
Author: A.K.Jayasankaran Nambiar
Bench: A.K.Jayasankaran Nambiar
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT:
THE HONOURABLE MR. JUSTICE A.K.JAYASANKARAN NAMBIAR
THURSDAY, THE 14TH DAY OFAUGUST 2014/23RD SRAVANA, 1936
WP(C).No. 14683 of 2014 (I)
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PETITIONER(S):
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DR.BABU M PHILIP
PROFESSOR (AGRICULTURAL ENTOMOLOGY)
COLLEGE OF HORTICULTURE,
KERALA AGRICULTURAL UNIVERSITY,VELLAYANIKKARA
THRISSUR
(RESIDING AT 829/2010, MYLOIKAL
NETTISSERY P.O,THRISSUR - 680 651)
BY ADVS.SMT.SUMATHY DANDAPANI (SR.)
SRI.MILLU DANDAPANI
SRI.PREMCHAND R.NAIR
RESPONDENT(S):
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1. THE KERALAAGRICULTURAL UNIVERSITY
VELLANIKKARA, THRISSUR DISTRICT, PIN - 680 657
REPRESENTED BY ITS REGISTRAR.
2. THE COMPTROLLER
KERALA AGRICULTURE UNIVERSITY, VELLANIKKARA
THRISSUR - 680 657.
3. THE DEPUTY SUPERINTENDENT OF POLICE,
VIGILANCE AND ANTI CORRUPTION BUREAU
THRISSUR DISTRICT - 680 001.
R3 BY GOVERNMENT PLEADER SRI.A.J.JOSE AEDAIODI
R1, R2 BY SRI.BABU JOSEPH KURUVATHAZHA,SC,
KERALA AGRICULTURAL UNIVERSITY
BY ADV.SRI.P.T.ABHILASH
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD ON
14-08-2014, THE COURT ON THE SAME DAYDELIVERED
THE FOLLOWING:
WP(C).No. 14683 of 2014 (I)
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APPENDIX
PETITIONER(S)' EXHIBITS:
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EXHIBIT-P1-TRUE COPY OF THE JUDGMENT DATED 17/06/2013 IN W.P(C)34192 OF
2011-Y
EXHIBIT-P2-TRUE COPY OF THE NOTICE DATED 07/10/2013 BY THE IST
RESPONDENT ASKING TO PETITIONER TO FILE EXPLANATION WITHIN 3
WEEKS.
EXHIBIT-P3-TRUE COPY OF THE REQUEST OF THE PETITIONER TO THE IST
RESPONDENT DATED 15/10/2013 SEEKING PERMISSION TO PERUSE RELEVANT
DOCUMENTS.
EXHIBIT-P4-TRUE COPY OF THE LETTER DATER 08/11/2013 OF THE PETITIONER
TO IST RESPONDENT REMINDING EXHIBIT-P3 REQUEST.
EXHIBIT-P5-TRUE COPY OF THE REPLYDATED NIL TO THE AUDITORS NOTE OF
THE ICAR SEED PROJECT SCHEME.
EXHIBIT-P6-TRUE COPY OF THE LETTER NO. GA/L1/47314/2011 DATED 21/11/2013
OF THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT-P7-TRUE COPY OF THE INTIMATION OF THE PETITIONER DATED
28/11/2013 INTIMATING THE DATE TO VISIT CENTERED NURSERY TO PERUSE
CONCERNED FILES AND DOCUMENTS BY IST RESPONDENT.
EXHIBIT-P8-TRUE COPY OF THE LETTER NO. GA/L1/47314/2011 DATED 01/01/2014
OF THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT-P9-TRUE COPY OF THE REPLY DATED 29/01/2014 SUBMITTED BEFORE
THE IST RESPONDENT ON 05/02/2014.
EXHIBIT-P10-TRUE COPY OF THE LETTER GA/L1/47314/2011 (I) DATED 17/02/2014
OF THE IST RESPONDENT TO THE PETITIONER.
W.P.(C).NO.14683/2014
EXHIBIT-P11-TRUE COPY OF THE LETTER NO. GA/L1/47314/2011 (I) DATED
17/02/2014 OF THE IST RESPONDENT TO THE 3RD RESPONDENT.
EXHIBIT-P12-TRUE COPY OF THE DETAILS OF THE DOCUMENTS WHICH THE
PETITIONER WANTS TO PERUSE
EXHIBIT-P13-TRUE COPY OF THE LETTER NO. T.409/14/TSR/DATED 20/03/2011 OF
THE 3RD RESPONDENT TO THE PETITIONER.
EXHIBIT-P14-TRUE COPY OF THE LETTER NO. GA/L1/47314/2011 DATED 28/05/2014
OF THE IST RESPONDENT TO THE PETITIONER.
EXHIBIT-P15-TRUE COPY OF THE LETTER DATED 07/06/2014 OF THE
PETITIONER TO THE RESPONDENT.
RESPONDENT(S)' EXHIBITS: NIL
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//TRUE COPY//
P.S.TO JUDGE
A.K.JAYASANKARAN NAMBIAR, J.
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W.P.(C).NO.14683 OF 2014
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Dated this the 14th day of August, 2014
J U D G M E N T
The petitioner who is currently working as a Professor (Agricultural Entomology) under the 1st respondent University challenged the recovery steps initiated by the University in connection with an audit objection that was raised with the said University through a writ petition, W.P.(C).No.34192/2011, which resulted in Ext.P1 judgment dated 17.6.2013, whereby, this Court directed the respondent University to complete the proceedings initiated against the petitioner after affording the petitioner an effective opportunity of hearing in the matter. The present writ petition has been filed by the petitioner on the ground that, while the respondent University was directed to complete the proceedings after affording the petitioner an opportunity of getting the documents relied against him so as to enable him to prepare an effective reply to the notices issued by the respondent University, some of the documents which the petitioner seeks to rely on have not been furnished to him by the respondents. The stand of the respondents is that the documents sought for by the petitioner are with the Vigilance Department with whom the matter W.P.(C).No.14683/2014 2 was entrusted for conducting an enquiry against the petitioner. When the petitioner thereafter approached the Vigilance Department, the 3rd respondent in the writ petition, he was informed that the documents sought for by the petitioner were produced before the Vigilance Court, Thrissur in connection with the proceedings pending before that court, and, therefore, the 3rd respondent was not in a position to furnish the documents from its office. It is under these circumstances that the petitioner has approached this Court seeking a direction to the 3rd respondent to take steps to obtain photocopies of the documents sought for by him and make them available to him for the purposes of preparing an effective reply to the notices issued by the University.
2. A counter affidavit is being filed by the 3rd respondent, wherein, at paragraph 9, it is stated that the documents sought for by the petitioner being very voluminous and further the petitioner having not really stated which documents are required for him by specifying the details of the bills, the year and the fund to which they relate, the 3rd respondent is not in a position to identify the documents, copies of which are to be taken and furnished to the petitioner. It is further averred that if the petitioner were to furnish a fresh request giving all the necessary details, then the 3rd respondent has no reservation in W.P.(C).No.14683/2014 3 issuing the documents to the petitioner.
3. I have heard learned senior counsel Smt.Sumathi Dandapani, for the petitioner, Adv.Sri.P.T.Abhilash, counsel appearing for the 1st and 2nd respondents University as also Sri.A.J.Jose Aedaiodi, learned Government Pleader appearing on behalf of the 3rd respondent. In the facts and circumstances of the case and considering the fact that this is a request of the petitioner for obtaining documents so as to enable him to prepare an effective reply to the notices issued to him in connection with vigilance proceedings against him, it would be in the interests of justice to dispose the writ petition with a direction to the 3rd respondent to furnish photocopies of the relevant documents to the petitioner within a prescribed time frame.
4. Under these circumstances, I dispose the writ petition with the following directions:
(i) The petitioner will be permitted to inspect the documents, along with the officials of the 3rd respondent, at the premises of the Vigilance Court, Thrissur on 21.8.2014 after getting the leave of that court to do so.
(ii) He will identify the documents that he wishes to take copies of and copies of those documents shall be W.P.(C).No.14683/2014 4 furnished to him by the 3rd respondent on the petitioner remitting the charges for the same. This shall be done within a week from the date of inspection.
(iii) The petitioner shall, on receipt of the copies of the documents aforementioned, submit an explanation to the 1st respondent University on the objections raised in the audit note dated 22.6.2009 of the Deputy Director, LFA Department, Vellanikkara. That shall be done by the petitioner within a period of two weeks from the date of receipt of the documents aforementioned.
(iv) The 1st respondent University shall then take a final decision in the matter within a period of one month from the date of receipt of the explanation from the petitioner as aforementioned.
(v) Needless to say, the decision by the 1st respondent University shall be in accordance with the directions above and not pursuant to Ext.P14 as intimated to the petitioner.
With these directions, the writ petition is closed.
A.K.JAYASANKARAN NAMBIAR JUDGE prp