B. ASHOK Vs. STATE OF KERALA AND ORS.

JUDGEMENT

(1.) Could the charge -sheet stated as issued by the Government to the petitioner, who is an IAS Officer governed by the relevant Conduct Rules (presently holding the office of the Vice Chancellor of the Kerala Veterinary and Animal Sciences University) be interfered by this Court on the ground that the Government does not have any such power and that, such power if at all any, could only be exercised by the Chancellor of the University? Does it come within the purview of the parameters specified by the Apex Court in the decision reported in : (2006) 12 SCC 28 (Union of India & Anr. v/s. Kunisetty Satyanarayana) holding that, ordinarily no Court shall interfere to quash/set aside show cause notices, charge -sheet etc. unless the said proceedings have been issued totally without any authority, or jurisdiction by the issuing authority? Further, should such scrutiny be widened, while exercising the power under Article 227 of the Constitution of India in respect of the orders passed by the CAT, declining interference, treating the O.P, as if it were an appeal? These are the main points to be considered in these original petitions.

(2.) The petitioner herein, who is an IAS Officer, was working in the Animal Husbandry Department of the Government, being a member of the Kerala Cadre. While so, he was sent on deputation to the Central Government in July, 2006 for a period of 5 years, but before he completing the tenure, he was called back with permission of the Central Government and was considered for appointment as Vice Chancellor of the Kerala Veterinary and Animal Sciences University, which was set up by the first respondent/Government in the year 2010 under the Kerala Veterinary and Animal Sciences University Act, 2010. Among the three candidates considered for selection, the petitioner's name was recommended by the Government for appointment as the Vice Chancellor. Since it was a case involving appointment of the first Vice Chancellor of the University, the appointment was effected under sub -sec.(5) of Sec. 12 of the Act, vide Annexure A1 notification dated 29.12.2010 issued by the Chancellor/Governor. The term of appointment was for a period of 5 years from the date of joining duty.

(3.) While so, the petitioner published some articles in a daily, deprecating the stand of the Government in converging the administrative authority and power upon a few persons belonging to the IAS, by way of 'charge arrangement' and such other basis, in respect of various institutions and some other related aspects. On coming across the said article, the Government, as per proceedings dated 21.10.2011, advised the Governor/Chancellor to recall the petitioner from the post of Vice Chancellor and requested to hand over charge of the Vice Chancellor to the Agricultural Production Commissioner until a new Vice Chancellor was appointed. Accepting the said recommendation of the Government, the Chancellor, as per proceedings dated 21.10.2011, cancelled Annexure A1 notification and substituted him with the Additional Chief Secretary and Agricultural Production Commissioner to exercise the powers of the Vice Chancellor till a new Vice Chancellor was appointed.