SHEELA VENUGOPAL Vs. MAHATMA GANDHI UNIVERISTY, KOTTAYAM

JUDGEMENT

(1.) Admitted. Standing Counsel appears for respondents 1 to 3. Notice to the fourth respondent dispensed with, having regard to the nature of the order we issue hereunder. K.G. Venugopal was dismissed from service on 11/12/2003. W.P.(C) No. 5502/2006 was filed by him after exhausting statutory remedies by way of appeal. Pending that Writ Petition, he died and his wife Sheela Venugopal was impleaded as second writ petitioner.

(2.) The learned single Judge held that the preliminary enquiry report has been used as evidence in violation of principles of natural justice. The dismissal order was set aside and as a consequence, de novo enquiry was ordered. The judgment, on its face, apparently shows that the fact that Venugopal had died during the pendency of the Writ Petition had escaped the notice of the learned single Judge. We say so because, de novo enquiry, after the snapping of the jural relationship of master and servant, may not be possible in all circumstances. We also see that a further consideration of the materials and the quality of the findings could have been rendered to consider as to how the matter could have ended once and for all at the hands of the learned single Judge. We say this because, even if we take the view that the order of reinstatement could be sustained, the manner in which the period from 11/12/2003 to 09/08/2009 has to be dealt with, would have to be considered. Under the aforesaid circumstances, we set aside the impugned judgment and direct re-hearing of W.P.(C) No. 5502/2006 in accordance with law. Registry will list the Writ Petition appropriately as per roster. Writ Appeal is ordered as above.