LAWS(KER)-2018-1-602

DR. VIJAYAKUMARAN C.P.V, ASSOCIATE PROFESSOR Vs. CENTRAL UNIVERSITY OF KERALA, TEJASWINI HILLS AND OTHERS

Decided On January 30, 2018
Dr. Vijayakumaran C.P.V, Associate Professor Appellant
V/S
Central University Of Kerala, Tejaswini Hills And Others Respondents

JUDGEMENT

(1.) This writ petition is filed challenging Exhibit P13 order of termination of the petitioner's services on finding him not suitable for continuation and confirmation after the period of probation.

(2.) Heard the learned counsel for the petitioner and the learned standing counsel appearing for the respondent-University.

(3.) The petitioner contends that he had challenged his low ranking in the selection for appointment as Associate Professor by filing W.P.(C).No.7456/17 which earned him enmity of the respondents. It is stated that pursuant thereto, the 6th respondent (in W.P. (C).No.7456/17) who is the head of Department of Hindi had caused false complaints of sexual harassment to be preferred by certain students and an enquiry was conducted by the Internal Complaints Committee. It is stated that Exhibit P9 report was submitted by the Committee against which the petitioner had preferred Exhibit P10 explanation. However, before the said explanation dated 20.11.2017 was received or considered, a decision was taken to terminate the petitioner by terminating his probation. It is stated that Exhibit P15 minutes of the Executive Council held on 30.11.2017 would clearly show that the petitioner's explanation was not placed before the Council and that the decision to terminate him from service was taken without considering his reply. It is further contended that the entire proceedings had been cooked up to wreak vengeance against the petitioner and that the decision to terminate the petitioner's service is completely vitiated by mala fide and extraneous considerations.