KOSITY Vs. CHANCELLOR CALICUT UNIVERSITY

JUDGEMENT

(1.) The petitioner in this case was appointed as the Registrar of the Calicut University and he was functioning in that capacity thereafter at all material times. The first respondent is the Chancellor of the Calicut University and the second respondent is the Calicut University, represented by the Registrar in charge.

(2.) Complaints were received alleging maladministration in the Calicut University and the first respondent, on the strength of Statute 69(2) of Chap.4 of the Calicut University First Statutes, 1977, secured the assistance of the Director of Vigilance Investigation, Kerala, to enquire into the allegations. That agency conducted an enquiry, and, Ext. P12 dated 7-9-1978 is the copy of the report submitted by the Director of Vigilance Investigation, setting out the various complaints and his findings on each charge. The accounts of the University also were caused to be audited by the Examiner of Local Fund Accounts, which led to another report. On perusal of the two reports the first respondent was minded to take action against the petitioner, who was functioning as Registrar of the University, and issued Ext. P13 order dated 27-2-1979 placing the petitioner under suspension and informing the Syndicate to initiate disciplinary action against the petitioner. Ext. P14 is a communication sent by the Secretary to the Chancellor to the Vice Chancellor of the University conveying Ext. P13 decision. Ext. P15 is a memo dated 1-3-1979 issued by the Acting Vice Chancellor to the petitioner and serving with a copy of the letter of suspension. Ext. P16 dated 1-3-1979 is the Circular issued by the Acting Vice Chancellor declaring the suspension of the petitioner and also relieving him of his duties as Registrar of the University with effect from the Afternoon of 1-3-1979. The petitioner challenges the legality and propriety of Ext. P3 and the consequential orders.

(3.) Ext. P13 inter alia states that the order of suspension was issued by the first respondent, in exercise of the powers conferred on her by Statute 19 of Chap.4 of the First Statutes of the Calicut University. Sub-s. (1) of Statute.19, which alone is relevant for the purpose of this case, may be read: