PRASANTH JOSEPH Vs. KERALA AGRICULTURAL UNIVERSITY

JUDGEMENT

(1.) This is a text book example of a litigation where the doctrine of in re reipublicae ut sit finis litium would find most acceptance.

(2.) While the petitioner was working as an Assistant Sec. Officer in the services of the 1st respondent - Kerala Agricultural University, he was alleged to have committed certain misdemeanor, which led to Ext.P2 Memo of Charges issued against him. An enquiry was, thereafter, conducted and a report of the same was placed before the competent Disciplinary Authority. However, the said Authority, without either concurring with or differing from the Enquiry Report, issued Ext.P6 order dtd. 18/12/2015, virtually jettisoning it and ordering a fresh enquiry through a new Officer. The said order also says that the petitioner will be, as an interim measure, reinstated in service.

(3.) The petitioner challenges Ext.P6, conceding that he had preferred Ext.P7 representation against it before the Vice Chancellor of the University; but contending that a new enquiry is impermissible when the earlier Enquiry Report exonerates him. He thus prays that Ext.P6 be set aside.