K PRATHAPAN Vs. UNION OF INDIA

JUDGEMENT

(1.) The petitioner, a Professor in Kerala Agricultural University, has been suspended by the order of the Vice Chancellor produced as Ext.P14. The suspension was extended until further orders by the order of the Registrar. The order was passed by the Registrar along with a charge memo issued to the petitioner. The irregularity and misconduct alleged against the petitioner was in respect of the duties discharged by him as Mission Director of State Horticulture Mission. There are challenges in this writ petition in regard to the disciplinary proceedings initiated by the University in the sense that only the Borrowing Institution can initiate such proceedings and not a Lending Institution. The University tried to justify the disciplinary proceedings referring to Statute 47A(3) of the Kerala Agricultural University Statutes.

(2.) I am not adverting to this controversy for the simple reason that the learned Senior Counsel appearing for the petitioner mainly confined his argument to reinstatement of the petitioner. The initial suspension was on 10.04.2018. The legality of the suspension order is questioned with reference to the power of the Registrar to extend the suspension order passed by the Vice Chancellor. It is seen from the original order itself that the suspension was not for a definite period. Nevertheless, the Registrar assumed that it was for a specific period and extended the suspension until further orders in the matter.

(3.) Learned Senior Counsel appearing for the petitioner challenged the suspension especially on three grounds; i) non application of mind while ordering initial suspension, ii) the authority to suspend a Professor is the appointing authority or any authority authorised by the appointing authority and iii) Statute 47A(1) states that suspension can be only effected by the Borrowing Authority and not by the Lending Authority.