Kerala High Court
Sheena V. R vs The Union Of India on 11 April, 2025
Author: N.Nagaresh
Bench: N.Nagaresh
2025:KER:31119
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
WP(C) NO. 19841 OF 2024
PETITIONER:
SHEENA V. R
AGED 50 YEARS
ASSISTANT ADMINISTRATIVE OFFICER,
INTERNATIONAL RELATIONS OFFICE,
INDIAN INSTITUTE OF MANAGEMENT,
KOZHIKODE, PIN - 673570
BY ADVS.
SRI.K.A.SALIL NARAYANAN
SMT.AISWARYA M.
SMT.K.BINCYMOL
RESPONDENTS:
1 THE UNION OF INDIA,
REPRESENTED BY THE SECRETARY TO GOVERNMENT,
DEPARTMENT OF HIGHER EDUCATION,
MINISTRY OF EDUCATION, GOVERNMENT OF INDIA,
127-C, SHASTRI BHAWAN, NEW DELHI,
PIN - 111000
2 THE INDIAN INSTITUTE OF MANAGEMENT
KOZHIKODE, REPRESENTED BY ITS CHAIRMAN,
IIM KOZHIKODE CAMPUS, KOZHIKODE,
PIN - 673570
3 THE DIRECTOR
IIM KOZHIKODE, IIM KOZHIKODE CAMPUS,
KOZHIKODE, PIN - 673570
2025:KER:31119
W.P.(C) Nos.19841 & 22722 of 2024
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4 THE HEAD - ADMINISTRATION & HUMAN RESOURCES,
IIM KOZHIKODE, IIM KOZHIKODE CAMPUS,
KOZHIKODE, PIN - 673570
5 MR. BIJU P
ASSISTANT ADMINISTRATIVE OFFICER,
HR DEPARTMENT, IIM KOZHIKODE,
IIM KOZHIKODE CAMPUS,
KOZHIKODE, PIN - 673570
6 MR. K.C. CHANDRAJIT
ASSISTANT ADMINISTRATIVE OFFICER,
DPM OFFICE, IIM KOZHIKODE,
IIM KOZHIKODE CAMPUS, KOZHIKODE,
PIN - 673570
By ADVS.
SRI.R.V. SREEJITH
SRI.GOPIKRISHNAN NAMBIAR M
SRI.K.JOHN MATHAI(K/413/1984)
SRI.JOSON MANAVALAN(J-526)
SRI.KURYAN THOMAS(K/131/2003)
SRI.PAULOSE C. ABRAHAM(MAH/58/2006)
SRI.RAJA KANNAN(K/356/2008)
SRI.JAI MOHAN(D/2454/2009)
SRI.T.C.KRISHNA,DSGI
THIS WRIT PETITION (CIVIL) HAVING COME UP FOR
ADMISSION ON 26.03.2025 ALONG WITH WP(C).22722/2024 AND
THE COURT ON 11.04.2025 DELIVERED THE FOLLOWING:
2025:KER:31119
W.P.(C) Nos.19841 & 22722 of 2024
:3:
IN THE HIGH COURT OF KERALA AT ERNAKULAM
PRESENT
THE HONOURABLE MR.JUSTICE N.NAGARESH
FRIDAY, THE 11TH DAY OF APRIL 2025 / 21ST CHAITHRA, 1947
WP(C) NO. 22722 OF 2024
PETITIONER:
COL. BIJU WARRIER (RETD),
AGED 51 YEARS
S/O. (LATE) N. UNNIKRISHNAN, FLAT NO.3A,
INFRA HAMLIN, DOCTORS LANE,
VIDYA NAGAR, ERNAKULAM, PIN - 682020
BY ADVS.
SRI.A.DINESH RAO
SRI.YOHAAN KAITHARA XAVIER
RESPONDENTS:
1 UNION OF INDIA,
REPRESENTED BY SECRETARY TO GOVERNMENT OF INDIA,
DEPARTMENT OF HIGHER EDUCATION,
MINISTRY OF EDUCATION, 127-C,
SHASTRI BHAWAN, NEW DELHI, PIN - 110001
2 INDIAN INSTITUTE OF MANAGEMENT KOZHIKODE,
REPRESENTED BY ITS CHAIRMAN,
INDIAN INSTITUTE OF MANAGEMENT KOZHIKODE,
KUNNAMANGALAM P.O., KOZHIKODE,
KERALA, PIN - 673570
3 PROF DEBHASIS CHATTERJEE,
DIRECTOR, INDIAN INSTITUTE OF MANAGEMENT
KOZHIKODE, KUNNAMANGALAM P.O.,
2025:KER:31119
W.P.(C) Nos.19841 & 22722 of 2024
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KOZHIKODE, KERALA, PIN - 673570
4 LT. COL. JULIUS GEORGE (RETD),
HEAD (ADMINISTRATION & HR),
INDIAN INSTITUTE OF MANAGEMENT KOZHIKODE,
KUNNAMANGALAM P.O., KOZHIKODE,
KERALA, PIN - 673570
5 CHIEF VIGILANCE OFFICER,
INDIAN INSTITUTE OF MANAGEMENT KOZHIKODE,
KUNNAMANGALAM P.O., KOZHIKODE,
KERALA, PIN - 673570
6 PROFESSOR ANADAKUTTAN B UNNITHAN,
INQUIRY AUTHORITY,
INDIAN INSTITUTE OF MANAGEMENT KOZHIKODE,
KUNNAMANGALAM P.O., KOZHIKODE,
KERALA, PIN - 673570
By ADVS.
SRI.GOPIKRISHNAN NAMBIAR M
SRI.K.JOHN MATHAI(K/413/1984)
SRI.JOSON MANAVALAN(J-526)
SRI.KURYAN THOMAS(K/131/2003)
SRI.PAULOSE C. ABRAHAM(MAH/58/2006)
SRI.RAJA KANNAN(K/356/2008)
SRI.JAI MOHAN(D/2454/2009)
SRI.T.C.KRISHNA,DSGI
THIS WRIT PETITION (CIVIL) HAVING BEEN FINALLY HEARD
ON 26.03.2025 ALONG WITH WP(C).19841/2024 AND THE COURT
11.04.2025 DELIVERED THE FOLLOWING:
2025:KER:31119
W.P.(C) Nos.19841 & 22722 of 2024
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N. NAGARESH, J.
`````````````````````````````````````````````````````````````
W.P.(C) Nos.19841 and 22722 of 2024
`````````````````````````````````````````````````````````````
Dated this the 11th day of April, 2025
JUDGMENT
~~~~~~~~~ The petitioner in W.P.(C) No.19841/2024 is aggrieved by the hostile and discriminatory action shown against her by the employer in the matter of promotion and service conditions. The petitioner seeks to command respondents 2 to 4 to publish the result of the DPC held on 29.05.2023 for selection to the post of Administrative Officer.
2. The petitioner states that she commenced her service as Assistant at the Central Secretariat in the Ministry of Information and Broadcasting. She was sent on deputation to Debts Recovery Tribunal, Ernakulam and Coimbatore. On 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 :6: 10.09.2012, she joined the IIM, Kozhikode as Assistant. She was promoted to the post of Assistant Administrative Officer on 02.07.2019. Respondents 5 and 6, who joined as Assistant Administrative Officers on 04.03.2020 and 23.03.2020, are juniors to the petitioner.
3. The petitioner states that there occurred a retirement vacancy of an Administrative Officer on 01.06.2023. The petitioner was the only eligible candidate for promotion to the post. The 2nd respondent relaxed the eligibility conditions and allowed respondents 5 and 6 to participate in the selection. The petitioner objected to grant of relaxation.
4. The petitioner states that as per the Recruitment Rules, 2019, relaxation in the qualifying service can be made only to an extent of three months. Respondents 5 and 6 were granted relaxation exceeding the said period. For respondents 5 and 6, the relaxation granted is one year. It is illegal, contends the petitioner. The petitioner states that she has been subjected to hostile discrimination on the ground of 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 :7: gender and cast.
5. The petitioner therefore seeks to command respondents 2 to 4 to publish the result of the DPC held on 29.05.2023 for selection to the post of Administrative Officer and to declare that respondents 5 and 6 are not qualified as on 01.01.2023 to be considered for promotion to the post of Administrative Officer and also to declare that respondents 5 and 6 are not entitled to the relaxation provided in Ext.P1 OM as the cut off date provided in the Recruitment Rules, 2019 is always the Calendar Year and was never shifted to the Financial Year.
6. W.P.(C) No.22722/2024 has been filed by the petitioner who was appointed to the post of Chief Purchase Officer in the IIM, Kozhikode on 22.03.2021. The petitioner is seeking to quash Ext.P20 Memorandum of Charge and to restrain the respondents from initiating any proceedings on the basis of Ext.P20.
2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 :8:
7. In Ext.P20, it has been alleged that the petitioner, while working as Chief Purchase Officer, had interfered in administrative matters questioning a superior officer; that the petitioner submitted a representation regarding service matters of erstwhile CAO of IIMK on CPGRAMS of the Ministry; that the petitioner, on 01.12.2023, behaved in a way which is disorderly and being discourteous to a senior officer; that the petitioner acted in a way interfering and causing disturbance to the healthy work atmosphere of the institute and that the petitioner acted in negligent manner in not following instructions to ensure the quality of the supplied goods and materials received from private suppliers and not following the approved process for tendering, amounting to dereliction of duty and misconduct.
8. The petitioner in W.P.(C) No.19841/2024 has advanced various legal grounds to show that respondents 5 and 6 are not qualified to be considered for promotion to the post of Administrative Officer occurred on 01.06.2023. In W.P. 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 :9: (C) No.22722/2024, the petitioner has advanced various grounds to urge that the disciplinary enquiry proceedings initiated against the petitioner as per Ext.P20 Memorandum of Charge, are illegal and unsustainable.
9. The Standing Counsel representing the IMMK raised a preliminary objection as regards maintainability of the writ petition, urging that the IIMK is neither State nor an instrumentality of the State. In view of the said objection, the arguments were advanced by either side on the issue of maintainability of the writ petitions.
10. The counsel for the petitioners submitted that as per Section 5, President is the visitor of IIMK and the President is instrumental in decision making. The Government of India has deep and pervasive control over the affairs of the IIMK. The IIMK is governed by statutes. There is substantial financial aid from the Government. The IIMK has adopted CCS (CCA) Rules, which would further establish that the IIMK is a wing of the State.
2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 10 :
11. The counsel for the petitioners relied on the judgment of the Hon'ble Apex Court in Ramesh Ahluwalia v. State of Punjab and others [(2012) 12 SCC 331] to hold that the test is that the body in question must be financially, functionally and administratively dominated by or under pervasive control of Government to fall within the definition of 'State'. The judgment of the Apex Court in Rajbir Surajbhan Singh v. Chairman, Institute of Banking Personnel Selection, Mumbai [(2019) 14 SCC 189] was relied on to submit that a private body is also amenable to jurisdiction under Article 226.
12. The Standing Counsel representing the IIMK, on the other hand, placed reliance on the judgment of the Apex Court in Army Welfare Education Society, New Delhi v. Sunil Kumar Sharma and others [2024 SCC OnLine SC 1683] to contend that a private unaided minority institution might be touching the spheres of public functions by performing a public duty, but even then its employees have no right of 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 11 : invoking the writ jurisdiction of the High Court.
13. I have heard the learned counsel for the petitioners and the learned Standing Counsel appearing for the IIM.
14. After hearing the parties, I find that the specific issue as to whether a writ petition is maintainable against IIMK came up for consideration before this Court in the judgment in Shiny George Ambat v. Union of India [2023 (4) KLT 365]. A learned Single Judge of this Court considered various judgments pronounced by the Hon'ble Apex Court and the provisions of Indian Institutes of Management Act, 2017. After considering the issues exhaustively, this Court held that a writ would definitely be maintainable for enforcing the performance of a statutory duty or a public duty. This Court noted that though the Constitution of the Governing Body of IIMK appears to be by way of nomination, the institute is specifically intended to be an autonomous institution. The Institute is not a creature of the statute since it was a a society.
2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 12 : The funds made available by the Government to IIMs do not constitute a substantial amount so as to meet even a major portion of expenditure.
15. This Court further noted that there are no statutory rules with regard to the service conditions of the employees of the Institute. The provision for placing the accounts before the C & AG and to obtain prior approval from the Government in case of alienation of immovable property, would not be sufficient to hold that there is deep and pervasive state control of the affairs of the Institute so as to bring it within the ambit of Article 12. This Court categorically found that with the 2017 Act, the Institute became a wholly autonomous body with no substantial governmental interference in its internal administration and that no writ can be issued against the IIM, Kozhikode.
As the issue involved is covered by a judgment of this Court in Shiny George Ambat (supra), following the said judgment, the writ petitions are dismissed 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 13 : holding that a writ petition is not maintainable against IIM, Kozhikode in respect of service matters of its employees.
Sd/-
N. NAGARESH, JUDGE aks/09.04.2025 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 14 : APPENDIX OF WP(C) 19841/2024 PETITIONER'S EXHIBITS Exhibit P1 A TRUE COPY OF THE ABOVE OFFICE MEMORANDUM NO.AB-14017/17/2018-ESTT.RR DATED 12.08.2021 Exhibit P2 THE TRUE COPY OF THE CALL LETTER NO.
29-03(1)/2016-IIMK.HR FOR THE INTERVIEW BY THE DPC ISSUED TO THE PETITIONER DATED 25.05.2023 Exhibit P3 THE TRUE COPY OF THE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 31.05.2023 Exhibit P4 THE TRUE COPY OF THE ABOVE REPRESENTATION SUBMITTED BY THE PETITIONER TO THE 3RD RESPONDENT DATED 25.10.2023 Exhibit P5 TRUE COPY OF THE APPLICATION SUBMITTEDBY THE PETITIONER UNDER THE PROVISIONS OF THE RTI ACT ON 08/08/2023 Exhibit P6 TRUE COPY OF THE REPLY ISSUED TO THE PETITIONER REFUSING TO PRODUCE THE DOCUMENT DATED 11/09/2023 RESPONDENTS' EXHIBITS Exhibit R2 (a) TRUE COPY OF THE IIMK STAFF RECRUITMENT AND PROMOTION RULES 2019 Exhibit R2 (b) TRUE COPY OF THE OM NO. 22011/14/2013- ESTT (D) DATED 08.05.2017 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING, GOVT. OF INDIA Exhibit R2 (c) TRUE COPY OF THE MINUTES OF THE 81ST BOARD OF GOVERNORS MEETING OF THE 2ND 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 15 : RESPONDENT HELD ON 22.02.2018 Exhibit R2 (d) TRUE COPY OF THE OM NO. AB-
14017/17/2018-ESTT.RR DATED 12.08.2021 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING, GOVT. OF INDIA Exhibit R2 (e) TRUE COPY OF THE MINUTES OF THE 100TH BOARD OF GOVERNORS MEETING OF THE 2ND RESPONDENT INSTITUTE HELD ON 08.10.2022 Exhibit R2 (f) TRUE COPY OF THE INDIAN INSTITUTE OF MANAGEMENT, KOZHIKODE REGULATIONS 2021 Exhibit R2 (g) TRUE COPY OF THE PETITIONER'S REPRESENTATION DATED 16.04.2024 SUBMITTED TO THE DIRECTOR (ADDL CHARGE), NATIONAL COMMISSION FOR SCHEDULED CASTE, STATE OFFICE Exhibit R2 (h) TRUE COPY OF THE OM DATED 27.09.2011 BEARING NO. 11012/11/2007-ESTT.A ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING, GOVT. OF INDIA Exhibit R2 (i) TRUE COPY OF THE LETTERS ISSUED TO THE PETITIONER, AND RESPONDENTS 5 AND 6 DATED 25.05.2023 Exhibit R2 (j) TRUE COPY OF THE OM BEARING NO.
22011/5/86-ESTT.(D) DATED 10.04.1989 ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING, GOVT. OF INDIA ALONG WITH THE GUIDELINES ON DEPARTMENTAL PROMOTION COMMITTEES Exhibit R2 (k) TRUE COPY OF THE RELEVANT EXTRACTS OF OM BEARING NO. 22011/5/86-ESTT.(D) DATED 10.04.1989 ISSUED BY THE 1ST RESPONDENT 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 16 : APPENDIX OF WP(C) 22722/2024 PETITIONER'S EXHIBITS Exhibit P1 TRUE COPY OF THE INDIAN ARMY SERVICE PARTICULARS BOOKLET ISSUED BY THE ADJUTANT GENERAL'S BRANCH, IHQ OF MOD (ARMY), NEW DELHI 66 Exhibit P2 TRUE COPY OF THE COMMUNICATION TO THE 4 TH RESPONDENT BY THE PETITIONER DATED 03/12/2021 Exhibit P3 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4 TH RESPONDENT TO THE PETITIONER AND DATED 21.12.2021 Exhibit P4 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4 TH RESPONDENT TO THE PETITIONER IN RESPONSE TO AN EMAIL SENT BY THE PETITIONER AND DATED 22.02.2022 Exhibit P5 TRUE COPY OF THE COMMUNICATION BY THE RESPONDENT TO THE PETITIONER AND DATED 09.05.2022 ExhiIbt P6 TRUE COMMUNICATION ISSUED BY THE PETITIONER TO THE RESPONDENT AND DATED 10.05.2022 Exhibit P7 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 4 TH RESPONDENT DATED 13/05/2022 Exhibit P8 TRUE COPY OF THE COMMUNICATION ISSUED BY THE PETITIONER TO THE 4 TH RESPONDENT AND DATED 17.05.2022 Exhibit P9 TRUE COPY OF THE REPLY DATED 23.05.2022 ISSUED BY THE SUB ORDINATE OF THE 4 TH RESPONDENT TO THE PETITIONER Exhibit P10 TRUE COPY OF THE ORDER ISSUED BY THE 4 TH RESPONDENT TO THE PETITIONER AND 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 17 : DATED 17.03.2023 Exhibit P11 TRUE COPY OF THE COMPLAINT PREFERRED BY THE PETITIONER ADDRESSED TO THE 1 ST RESPONDENT THROUGH THE CPGRAMS PORTAL AND DATED 03.08.2023 Exhibit P12 TRUE COPY OF THE EMAIL COMPLAINT ADDRESSED TO THE 5 TH RESPONDENT BY THE PETITIONER AND DATED 21.09.2023 Exhibit P13 TRUE COPY OF THE COMMUNICATION ADDRESSED TO THE 5 TH RESPONDENT BY THE PETITIONER AND DATED 11.10.2023 Exhibit P14 TRUE COPY OF THE STAFF RECRUITMENT & PROMOTION RULES 2019 OF IIMK ISSUED BY THE 4 TH RESPONDENT (SER.NO.44 TO 53) Exhibit P15 TRUE COPY OF THE COMPLAINT SUBMITTED BY THE PETITIONER BEFORE THE 3 RD RESPONDENT AND DATED 18.12.2023 Exhibit P16 TRUE COPY OF THE COMMUNICATION ADDRESSED TO THE 1 ST RESPONDENT BY THE PETITIONER AND DATED 04.01.2024 Exhibit P17 TRUE COPY OF THE ORDER ISSUED BY THE 4 TH RESPONDENT WITH COPY TO THE PETITIONER AND DATED 05.01.2024 Exhibit P18 TRUE COPY OF THE LETTER NO.52739/P/37 DATED 09.01.2024 ISSUED BY THE PETITIONER TO THE 3 RD RESPONDENT Exhibit P19 TRUE COPY OF THE ORDER OF SUSPENSION ISSUED TO THE PETITIONER BY THE 3 RD RESPONDENT AND DATED 30.04.2024 Exhibit P20 TRUE COPY OF THE MEMORANDUM OF CHARGES CONTAINING STATEMENT OF ARTICLES OF CHARGES AND STATEMENT OF IMPUTATION OF MISCONDUCT/MISBEHAVIOR IN SUPPORT OF 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 18 : EACH ARTICLE OF CHARGE AND DATED 30.04.2024 ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER Exhibit P21 TRUE COPY OF THE LETTER NO. B-
285/P/VIG/01 DATED 02.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3 RD RESPONDENT Exhibit P22 TRUE COPY OF THE COMMUNICATION ISSUED BY THE ASSISTANT ADMINISTRATIVE OFFICER TO THE PETITIONER AND DATED 06.05.2024 Exhibit P23 TRUE COPY OF THE COMMUNICATION ADDRESSED TO THE 3 RD RESPONDENT BY THE PETITIONER AND DATED 15.05.2024 Exhibit P24 TRUE COPY OF THE LETTER NO. 29-07(B-
285)/2021-1-IIMK.HR DATED 21.05.2024 ISSUED BY THE ASSISTANT ADMINISTRATIVE OFFICER TO THE PETITIONER Exhibit P25 TRUE COPY OF THE FINAL WRITTEN STATEMENT OF DEFENSE ALONG WITH THE COVERING LETTER SUBMITTED VIDE LETTER NO. B-285/VIG/05 DATED 24.05.2024 BY THE PETITIONER TO THE 3 RD RESPONDENT Exhibit P26 TRUE COPY OF THE LETTER NO. 29-07(B-
285)/2021-2-IIMK.HR DATED 27.05.2024 ISSUED BY THE 3 RD RESPONDENT TO THE PETITIONER Exhibit P27 TRUE COPY OF THE LETTER NO. B-
285/P/VIG/10 DATED 30.05.2024 SUBMITTED BY THE PETITIONER BEFORE THE 3 RD RESPONDENT Exhibit P28 TRUE COPY OF THE COUNSELLING LETTER ISSUED VIDE NO. 29- 07(B-285)/2021-3- IIMK.HR DATED 04.06.2024 ISSUED BY THE HR DEPARTMENT TO THE PETITIONER Exhibit P29 TRUE COPY OF THE EMAIL COMMUNICATION 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 19 : DATED 18.06.2024 SUBMITTED BY THE PETITIONER TO THE 1 ST AND 2RD RESPONDENT Exhibit P30 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3RD RESPONDENT TO THE PETITIONER AND DATED 18/06/2024 Exhibit P31 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 3 RD RESPONDENT TO THE PETITIONER AND DATED 20/06/2024 Exhibit P32 TRUE COPY OF THE COMMUNICATION ISSUED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AND DATED 23.06.2024 Exhibit P33 TRUE COPY OF THE DECISION REPORTED IN RAGHUNANDANAN V MENON VS CHAIRMAN PHARMACEUTICAL CORPORATION (IM) KERALA LTD DATED NIL (2023 KHC 608) Exhibit P34 TRUE COPY OF THE EXPLANATION SUBMITTED BY THE PETITIONER BEFORE THE 3RD RESPONDENT AND DATED 15.06.2024 Exhibit P35 THE TRUE COPY OF THE EXTRACTS OF IIM ACT 2017 Exhibit P36 THE TRUE COPY OF .THE EXTRACTS OF IIM (AMENDMENT) ACT 2023 Exhibit P37 THE TRUE COPY OF THE EXTRACTS OF IIMK REGULATIONS 2021 Exhibit P38 THE TRUE COPY OF THE OFFICE MEMORANDUM ISSUED BY THE MINISTRY OF FINANCE, DEPARTMENT OF EXPENDITURE VIDE OM NO.14(12)/2008-E(II)A DATED 19TH JULY 2011 Exhibit P39 TRUE COPY OF THE CIRCULAR NO.02/01/2017 ISSUED BY THE CENTRAL VIGILANCE COMMISSION (CVC}. DATED 13.01.2017 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 20 : Exhibit P40 TRUE COPY OF THE IIMK STAFF RECRUITMENT AND PROMOTION RULES, 2017 Exhibit P41 TRUE COPY OF DOPT CIRCULAR NO.
AB/14017/13/2016-ESTT.RR DATED 09.08.2016 Exhibit P42 TRUE COPY OF EXTRACTS OF THE IIMK STAFF RECRUITMENT AND PROMOTION RULES 2019 Exhibit P43 A TRUE COPY OF THE LETTER NO.52739/P/45 DATED 10.07.2024 ISSUED BY ME AND ADDRESSED TO THE 4TH RESPONDENT UNDER THE PROVISIONS OF THE RTI ACT 2005 Exhibit P44 TRUE COPY OF THE REPLY TO THE RTI APPLICATION FURNISHED BY THE 4TH RESPONDENT TO ME, VIDE LETTER NO.02- 02(01)/2024-IIMK.CPIO AND DATED 06.08.2024 Exhibit P45 TRUE COPY OF THE COMMUNICATION ISSUED BY THE 6TH RESPONDENT TO ME AND DATED 26.09.2024 Exhibit P46 TRUE COPY OF THE LETTER ISSUED BY THE 6TH RESPONDENT TO ME AND DATED 07.11.2024 Exhibit P47 TRUE COPY OF THE LETTER ISSUED BY ME TO THE 6TH RESPONDENT AND DATED 08.11.2024 Exhibit P48 TRUE COPY OF THE REPLY ISSUED BY THE 6TH RESPONDENT DATED 11.11.2024 Exhibit P49 TRUE COPY OF THE TIMELINES OF THE DISCIPLINARY PROCEEDINGS, AS ON 03.01.2025 Exhibit P50 TRUE COPY OF THE REPRESENTATION SUBMITTED BY ME TO THE 6TH RESPONDENT, VIDE LETTER NO.B-285/VIG/49 DATED 12.11.2024 Exhibit P51 TRUE COPY OF THE COPY OF THE COUNSELING 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 21 : LETTER ISSUED BY THE ASSISTANT ADMINISTRATIVE OFFICER (HR STAFF MATTERS) TO ME, VIDE NO.29-07(B-
285)/2021-5-IIMK.HR DATED 14.06.2024 Exhibit P52 TRUE COPY OF THE COPY OF THE APPOINTMENT ORDER ISSUED BY THE MINISTRY OF SHIPPING OFFICE TO ME, VIDE NO.04/2017 DATED 03 MARCH, 2017 Exhibit P53 TRUE COPY OF THE COPY OF LETTER FROM SHRI.ARAVIND CHAUDHARY, DIRECTOR (PORTS) TO THE CHAIRMAN, NEW MANGALORE PORT TRUST. VIDE NO. 16(27)/2017-PD-VII DATED 26.06.2018 Exhibit P54 TRUE COPY OF THE COPY OF LETTER FROM SHRI ARAVIND CHAUDHARY, DIRECTOR (PORTS) TO THE MD, INDIAN PORTS ASSOCIATION VIDE NO. PD-16(07)/2017 DATED 11.10.2019 Exhibit P55 THE TRUE COY OF THE EXTRACTS OF THE PAGES 4 TO 8 OF OFFICE NOTE OF NEW MANGALORE PORT TRUST (FINANCE DEPARTMENT) IN NOVEMBER 2019 Exhibit P56 TRUE COPY OF THE COPY OF LETTER ISSUED BY ME TO THE CHAIRMAN OF NMPT VIDE NO. 52739/P/2020/01 DATED 04.01.2020 Exhibit P57 TRUE COPY OF THE EMAIL COMMUNICATION DATED 17.08.23 ADDRESSED TO THE JUNIOR ASSISTANT.
Exhibit P58 TRUE COPY OF THE EMAIL COMMUNICATION DATED 10.05.23 ADDRESSED TO MR SOJAN GEORGE,SENIOR EXECUTIVE , SECRETARY TO THE DIRECTOR.
Exhibit P59 TRUE COPY OF THE OFFICE NOTE DATED 21.12.2021 Exhibit P60 TRUE COPY OF THE ORDER DATED 14.3.22 2025:KER:31119 W.P.(C) Nos.19841 & 22722 of 2024 : 22 : RESPONDENTS' EXHIBITS Exhibit R2 (a) TRUE COPY OF THE OM DATED 25.05.2015 BEARING NO. 35034/2/2015-ESTT-(D)/DY. NO. 1082042/15-SECY.(P) ISSUED BY THE DEPARTMENT OF PERSONNEL AND TRAINING Exhibit R2 (b) TRUE COPY OF THE OM DATED 25.08.1961 ISSUED BY THE MINISTRY OF HOME AFFAIRS (ADMINISTRATIVE VIGILANCE DIVISION) BEARING NO. F/30/5/61-AVD Exhibit R2 (c) TRUE COPY OF THE LETTER DATED 29.05.2024 ISSUED BY THE NEW MANGALORE PORT AUTHORITY BEARING NO.
S/CONF/BW/2024 TO THE HEAD-
ADMINISTRATION AND HR, IIMK
Exhibit R2 (d) TRUE COPY OF AN EMAIL DATED 24.12.2019
FROM DIRECTOR (PORTS), MINISTRY OF SHIPPING Exhibit R2 (e) TRUE WARNING LETTER ISSUED BY THE CHAIRMAN, NEW MANGALORE PORT TRUST, TO THE PETITIONER DATED 03.01.2020 BEARING NO.CHNMPT/S/3/2019-2 Exhibit R2 (f) TRUE COPY OF THE OFFICE MEMORANDUM DATED 28.05.2024 BEARING NO.
CVO/DISCIPLINARY-BW/2024/193 ISSUED BY THE DEPUTY CHIEF VIGILANCE OFFICER, NEW MANGALORE PORT AUTHORITY TO THE SECRETARY, NMPA, PANAMPUR