SURESH BABU T.N. Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) THE petitioners are challenging Ext.P4 order of suspension dated 06/10/2012 raising many a ground, particularly that the suspension is contrary to the relevant rules and further that the same is passed in a quite mechanical manner.

(2.) THE case of the petitioners is that the suspension has been made in connection with the collapse of the 'form works', while concreting was going on. The work in fact was entrusted with a contractor, who had arranged the workers as well and it was only by mere chance that the petitioners came to be spared. In view of the casualty involving the death of a worker, an enquiry was ordered to be conducted and the Vice-Chancellor ordered to constitute a committee, as borne by Ext.P1 proceedings dated 13.08.2012. Subsequently, the second petitioner herein was caused to be transferred to another place at Mannuthy, as per Ext.P2 order dated 17/08/2012. In the meanwhile, one of the committee members expressed his inability to function as the member of the committee, pursuant to which, the committee was reconstituted, as per Ext.P3 proceedings dated 04/10/2012. It was thereafter, that Ext.P4 order came to be passed on 06/10/2012, stating that the Vice-Chancellor has ordered to suspend the petitioners pending enquiry with immediate effect, which in turn is under challenge.

(3.) IT is settled law, that suspension cannot be automatic and the purpose of suspension is to see that the delinquent employee does not get a chance to tamper with the evidence or to influence the witnesses. Even after transferring the second petitioner vide Ext.P2, what necessitated to suspend him vide Ext.P4 order is a matter still to be known. So also, the Vice-Chancellor did not find it necessary to suspend the first petitioner or even transfer him till Ext.P4 order was passed. That apart, there is a reference in the 'third paragraph' in Ext.P4, that the Vice-Chancellor has ordered suspension pending enquiry, which order is not mentioned under 'reference' in Ext.P4, where the only two proceedings referred to as Exts.P1 and P2 dated 13/08/2012 and 17/08/2012 respectively.