✦ High Court of India · 01 Apr 2025

BY AD vs V.M.KRISHNAKUMAR

Case Details High Court of India · 01 Apr 2025
Court
High Court of India
Decided
01 Apr 2025
Bench
N NAGARESH
Length
1,083 words

SRI. MANU GOVIND.,STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12890 of 2025 3 JUDGMENT Dated this the 1st day of April, 2025 The petitioner states that the petitioner is currently working as Farm Assistant (Selection Grade) at Kolahalamedu Base Farm of the 2nd respondent-University.

2. When the petitioner was working as Farm Supervisor (Grade II) at Thiruvizhamkunnu Live Stock Research Station under the 2nd respondent, disciplinary proceedings were initiated against the petitioner by the University.

3. The University appointed a three member Committee to look into the allegation of corruption which resulted in cutting and removing of trees more than what is stipulated in Ext.P2. As per the interim report of the above Committee, the petitioner and another employee of the Farm WP(C) NO.12890 of 2025 4 one Riyas Mon were suspended pending disciplinary proceedings. Later, the punishment imposed on Sri. Riyas Mon was set aside by this Court in W.P.(C) No.35614 of 2024. The Farm Head was exonerated even though there was specific finding against him in the Final Report of the Committee. The allegations against the petitioner is that he failed to take necessary action to prevent cutting and removing live trees and that he also failed to take stock of the lost trees in the Tender Committee meeting held on

05.02.2024.

4. The petitioner was transferred to Kolahalmedu Base Farm by order dated 07.02.2024 and the order was received by the petitioner on 09.02.2024. The petitioner took charge at Kolahalamedu on 13.02.2024. The said transfer was illegal arbitrary and without hearing the petitioner. Subsequently, at the new transferred Station, the petitioner WP(C) NO.12890 of 2025 5 was slapped with a questionnaire on the date of his joining. Even before giving a written reply, the petitioner was suspended with immediate effect. The petitioner was suspended by 3rd respondent as per order dated 14.02.2024.

5. Subsequently, the petitioner was served with a show cause notice and memo of charges dated 12.04.2024. The allegations against the petitioner are not correct and legally sustainable. One allegation is that the petitioner had given pass for nine loads of trees to be removed from Farm after 24.01.2024. The said allegation is not correct and the petitioner had given pass only for two loads. The remaining passes were given to take out logs in three tired goods vehicles.

6. The other allegation against petitioner is that petitioner gave Gate Pass even on holidays. It is a usual practice in the Station to give advance pass, if the full tender WP(C) NO.12890 of 2025 6 amount is already given in advance. Such practice is evident from the Gate Pass Book of the Station. Without considering the reply given by the petitioner and also without properly appreciating the documentary evidence, the Enquiry Committee found the petitioner guilty of four charges and demoted the petitioner from the post of Farm Supervisor Grade II to Farm Assistant (Selection Grade) for a period of five years. It was also decided to recover 30% of the loss incurred from the petitioner’s salary as per order dated

11.07.2024.

7. The petitioner states that he had acted strictly in accordance with the University practice and the directions of superior officers. The petitioner was under suspension from

14.02.2023 to 01.10.2024 without any salary. The petitioner filed a statutory Appeal before the 1st respondent. The 1st respondent is not taking any action on the Appeal filed by the WP(C) NO.12890 of 2025 7 petitioner, contends the petitioner.

8. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the University.

9. The petitioner has preferred Ext.P7 Appeal against Ext.P6 order whereunder the petitioner has been reverted to the lower post and recovery also has been ordered from the petitioner.

10. Standing Counsel would submit that Ext.P7 Appeal has to be filed though the authority which has passed the order, which authority will forward the order if the Appeal is received and are without any other defects. Admittedly, the petitioner has not preferred the Appeal in compliance of the procedure prescribed under the Statute.

11. Be that as it may, the issue involved is a disciplinary proceeding and the petitioner has been imposed with a major penalty of reversion. In the circumstances, this WP(C) NO.12890 of 2025 8 being a first Appeal, it would be only just and proper that the appellate authority consider the Appeal on merit, if other parameters are satisfied. In the facts of the case, the writ petition is disposed of permitting the petitioner to prefer an Appeal and submit the same to the 3rd respondent-Registrar as per Statute 240 of Veterinary and Animal Sciences University First Statute along with a delay condonation petition. If the Appeal and delay condonation petitions are received by the 3rd respondent, the 3rd respondent shall forward the same to the 1st respondent- Vice Chancellor. The 1st respondent shall consider the same and pass appropriate orders thereon in accordance with law, within a period of two months, after giving an opportunity of hearing to the petitioner. Sd/- N.NAGARESH JUDGE WP(C) NO.12890 of 2025 9 APPENDIX OF WP(C) 12890/2025 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 TRUE COPY OF THE TENDER ADVERTISEMENT NO. L5–407/2021 VOL II DATED 30.10.2023 TRUE COPY OF THE ORDER NO. L5 – 407/2021 VOL II (I) DATED 30.12.2023 AWARDING TENDER TRUE COPY OF THE ORDER NO. KVASU/GA/C3/694/2024 DATED 14.02.2024 (2) TRUE COPY OF THE SHOW CAUSE NOTICE ALONG WITH STATEMENT OF FINDINGS HAVING NO KVASU/GA/C3/694/2024(11) DATED 12.04.2024 TRUE COPY OF THE NOTICE AND CHARGES ALONG WITH STATEMENT OF ALLEGATIONS HAVING NO. KVASU/GA/C3/694/2024(40) DATED 11.07.2024 TRUE COPY OF THE ORDER NO. KVASU/GA/C3/694/2024(78) DATED 01.10.2024 TRUE COPY OF THE STATUTORY APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 08.03.2025

SRI. MANU GOVIND.,STANDING COUNSEL THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 01.04.2025, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: WP(C) NO.12890 of 2025 3 JUDGMENT Dated this the 1st day of April, 2025 The petitioner states that the petitioner is currently working as Farm Assistant (Selection Grade) at Kolahalamedu Base Farm of the 2nd respondent-University.

2. When the petitioner was working as Farm Supervisor (Grade II) at Thiruvizhamkunnu Live Stock Research Station under the 2nd respondent, disciplinary proceedings were initiated against the petitioner by the University.

3. The University appointed a three member Committee to look into the allegation of corruption which resulted in cutting and removing of trees more than what is stipulated in Ext.P2. As per the interim report of the above Committee, the petitioner and another employee of the Farm WP(C) NO.12890 of 2025 4 one Riyas Mon were suspended pending disciplinary proceedings. Later, the punishment imposed on Sri. Riyas Mon was set aside by this Court in W.P.(C) No.35614 of 2024. The Farm Head was exonerated even though there was specific finding against him in the Final Report of the Committee. The allegations against the petitioner is that he failed to take necessary action to prevent cutting and removing live trees and that he also failed to take stock of the lost trees in the Tender Committee meeting held on

05.02.2024.

4. The petitioner was transferred to Kolahalmedu Base Farm by order dated 07.02.2024 and the order was received by the petitioner on 09.02.2024. The petitioner took charge at Kolahalamedu on 13.02.2024. The said transfer was illegal arbitrary and without hearing the petitioner. Subsequently, at the new transferred Station, the petitioner WP(C) NO.12890 of 2025 5 was slapped with a questionnaire on the date of his joining. Even before giving a written reply, the petitioner was suspended with immediate effect. The petitioner was suspended by 3rd respondent as per order dated 14.02.2024.

5. Subsequently, the petitioner was served with a show cause notice and memo of charges dated 12.04.2024. The allegations against the petitioner are not correct and legally sustainable. One allegation is that the petitioner had given pass for nine loads of trees to be removed from Farm after 24.01.2024. The said allegation is not correct and the petitioner had given pass only for two loads. The remaining passes were given to take out logs in three tired goods vehicles.

6. The other allegation against petitioner is that petitioner gave Gate Pass even on holidays. It is a usual practice in the Station to give advance pass, if the full tender WP(C) NO.12890 of 2025 6 amount is already given in advance. Such practice is evident from the Gate Pass Book of the Station. Without considering the reply given by the petitioner and also without properly appreciating the documentary evidence, the Enquiry Committee found the petitioner guilty of four charges and demoted the petitioner from the post of Farm Supervisor Grade II to Farm Assistant (Selection Grade) for a period of five years. It was also decided to recover 30% of the loss incurred from the petitioner’s salary as per order dated

11.07.2024.

7. The petitioner states that he had acted strictly in accordance with the University practice and the directions of superior officers. The petitioner was under suspension from

14.02.2023 to 01.10.2024 without any salary. The petitioner filed a statutory Appeal before the 1st respondent. The 1st respondent is not taking any action on the Appeal filed by the WP(C) NO.12890 of 2025 7 petitioner, contends the petitioner.

8. I have heard the learned Counsel for the petitioner and the learned Standing Counsel representing the University.

9. The petitioner has preferred Ext.P7 Appeal against Ext.P6 order whereunder the petitioner has been reverted to the lower post and recovery also has been ordered from the petitioner.

10. Standing Counsel would submit that Ext.P7 Appeal has to be filed though the authority which has passed the order, which authority will forward the order if the Appeal is received and are without any other defects. Admittedly, the petitioner has not preferred the Appeal in compliance of the procedure prescribed under the Statute.

11. Be that as it may, the issue involved is a disciplinary proceeding and the petitioner has been imposed with a major penalty of reversion. In the circumstances, this WP(C) NO.12890 of 2025 8 being a first Appeal, it would be only just and proper that the appellate authority consider the Appeal on merit, if other parameters are satisfied. In the facts of the case, the writ petition is disposed of permitting the petitioner to prefer an Appeal and submit the same to the 3rd respondent-Registrar as per Statute 240 of Veterinary and Animal Sciences University First Statute along with a delay condonation petition. If the Appeal and delay condonation petitions are received by the 3rd respondent, the 3rd respondent shall forward the same to the 1st respondent- Vice Chancellor. The 1st respondent shall consider the same and pass appropriate orders thereon in accordance with law, within a period of two months, after giving an opportunity of hearing to the petitioner. Sd/- N.NAGARESH JUDGE WP(C) NO.12890 of 2025 9 APPENDIX OF WP(C) 12890/2025 PETITIONER’S EXHIBITS Exhibit P1 Exhibit P2 Exhibit P3 Exhibit P4 Exhibit P5 Exhibit P6 Exhibit P7 TRUE COPY OF THE TENDER ADVERTISEMENT NO. L5–407/2021 VOL II DATED 30.10.2023 TRUE COPY OF THE ORDER NO. L5 – 407/2021 VOL II (I) DATED 30.12.2023 AWARDING TENDER TRUE COPY OF THE ORDER NO. KVASU/GA/C3/694/2024 DATED 14.02.2024 (2) TRUE COPY OF THE SHOW CAUSE NOTICE ALONG WITH STATEMENT OF FINDINGS HAVING NO KVASU/GA/C3/694/2024(11) DATED 12.04.2024 TRUE COPY OF THE NOTICE AND CHARGES ALONG WITH STATEMENT OF ALLEGATIONS HAVING NO. KVASU/GA/C3/694/2024(40) DATED 11.07.2024 TRUE COPY OF THE ORDER NO. KVASU/GA/C3/694/2024(78) DATED 01.10.2024 TRUE COPY OF THE STATUTORY APPEAL FILED BY THE PETITIONER BEFORE THE 1ST RESPONDENT DATED 08.03.2025

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