BABU SUNDER Vs. COCHIN UNIVERSITY

JUDGEMENT

(1.) These appeals arise out of O. P. 21478 of 2000. O. P. 21478 of 2000 was preferred by appellant in W.A. 2176 of 2000 challenging Ext. P5 order dated 17.7.2000 passed by the Cochin University of Science and Technology (herein after called the University) imposing certain punishment, details of which we shall deal with later. He also challenges some of the findings of the Enquiry Officer. He has also sought for a direction to reinstate him as Professor and Head of the Department of Computer Applications with effect from 6.9.1999. Learned Single Judge partially allowed the Writ Petition. University is also aggrieved by some of the findings of the learned single Judge. Hence these Writ Appeals, one preferred by Dr. Babu Sunder and the other preferred by the Cochin University. We are only narrating the essential facts which are necessary for disposal of both these appeals.

(2.) Dr. Babu Sunder, petitioner in OP 21478/2000 was functioning as the Professor and Head of the Department of Computer Application. While so, he was served with show cause notice dated 4.8.1999 raising certain allegations against him, to which he filed reply dated 17.8.1999. He was later placed under suspension vide memo dated 6.9.1999. Syndicate in the meantime, constituted a committee of four members to go into the various allegations raised against him. Petitioner challenged the order of suspension as well as decision of the University to constitute a committee to go into the allegations raised against him by filing O. P. No. 23246 of 1999. Learned Single Judge did not interfere with the proceedings initiated by the University and directed the University to complete the enquiry within a period of four months from the date of receipt of copy of the judgment. Petitioner aggrieved by the said judgment filed W.A. 2287/99. A Bench of this Court disposed of the Writ Appeal on 6.11.1999 appointing Justice K. A. Nayar, Retired Judge of the Kerala High Court as an enquiry officer to go into the charges levelled against Dr. Babu Sunder instead of the committee constituted by the Syndicate. Counsel on either side had agreed for the said proposal. University after the dismissal of the Original Petition 23246 of 1999 had issued a memo of charges dated 4th October, 1999, produced as Ext. P1 in the Writ Petition. We may extract the memo of charges hereunder:

(3.) The report was placed before Syndicate meeting held on 25.4.2000 which took the following decision: