FAISAL Vs. STATE OF KERALA

JUDGEMENT

(1.) Both these writ petitions are filed by the members of the Syndicate of the University of Calicut, the 4th respondent in WP(C)No.31672/2024, which is the 3rd respondent in WP(C) No.40998/2024. The grievances highlighted by the petitioners in these writ petitions are in respect of the outcome of the disciplinary proceedings initiated by the Syndicate against the 6 th respondent in both the writ petitions, who was working as the Instrumentation Engineer in the University.

(2.) On culmination of the disciplinary enquiry, the Syndicate passed an order, finding the 6th respondent guilty of all the charges laid against him and also imposed with a punishment of reversion to the post of Junior Engineer for a period of five years. Since it was found that, the actions of the 6th respondent caused loss to the University to the tune of Rs.27,42,116.00, it was ordered to recover the said amount from the said person. However, on the appeals submitted by the 6 th respondent, the said order was set aside by the Chancellor of the University, and directed reinstatement of the 6 th respondent with all consequential benefits, as if, the said respondent was continuing as Instrumentation Engineer. The petitioners are aggrieved by the said decision and also aggrieved by the non-implementation of the decision taken by the Syndicate, to challenge the order passed by the Chancellor by filing a writ petition before this Court. (WP(C)No.31672/2024 is treated as the leading case and the parties as well as the Exhibits are referred to in this judgment, as described in the said writ petition, unless otherwise specifically mentioned.)

(3.) The facts that led to the filing of these writ petitions are as follows: The 6th respondent was working as the Instrumentation Engineer at the University Science and Instrumentation Centre (USIC) of the Calicut University. Earlier, the University issued a tender notice on 4/6/2013 for installation of Local Area Network (LAN) for connecting various offices of the University as per Ext.P1. In the said tender notice, the rate of cable required for completing the work, was to be specified in 'meters', whereas, for the consumables required for such installation as specified in Part D.5 of Ext.P1, the rate was to be indicated in 'lot'. In response to the said tender notice, six bids were received and the 6 th respondent in his capacity as the Instrumentation Engineer, evaluated the quotations and submitted comparative statements for the purchase of LAN goods and labour charges. Accordingly, sanction was accorded by the 4th respondent-University to enter into a rate contract with M/s. Net Links Business Consultants India (P) Ltd. for the supply of LAN. Ext.P2 is the said order. As per Ext.P2 order, the awardee laid cable for a length of 32,009 meters of LAN installation and the total amount given to the contractor was Rs.31,32,616.00, in which, the value of the consumables was just Rs.36,000.00 which was calculated at the rate of Rs.1,000.00 per lot.