T K KOSHY Vs. CHANCELLOR CALICUT UNIVERSITY

JUDGEMENT

(1.) THE appeal is by the Registrar of the Calicut University against the dismissal of his writ petition to quash Ext. P13 order of suspension pending enquiry, passed against him by the Chancellor of the University, the Governor of Kerala; Ext, P14 communication of the gist of the Governor's order by the Vice-Chancellor; Ext. P15 memo serving the order of suspension and relieving the appellant from his duties as Registrar; and Ext. P16 circular of the Vice-Chancellor announcing that in pursuance of the Chancellor's proceedings, the appellant had been relieved. These were the orders and proceedings sought to be quashed. The learned Judge dismissed the writ petition holding that the Chancellor had authority to pass Ext. P13 order and that the same was not vitiated by want of jurisdiction or the other illegalities alleged against it.

(2.) THE affairs of the Calicut University had been attracting public notice and criticism for some time past. In July, 1978, the State Youth Muslim League had made a representation containing allegations against the functioning of the University and its officials including the appellant. This was referred for investigation to the Director of Vigilance under Section 69 (2) of the Act. There was also a report of the Examiner of Local Fund Accounts. Exhibit P13 set out that these, at least prima facie, established serious irregularities and malpractices against the appellant. The Syndicate was directed to examine these irregularities and misconduct and dereliction of duty referred to in the report of the Director of Vigilance and the Audit Report and to take appropriate action against the Registrar. Pending enquiry into these, the Chancellor recorded that it was not in the interests of the University or in public interest to allow the Registrar to continue as Registrar and. therefore, ordered his suspension. The action was statedly taken under Statute 19 of Chapter IV of the First Statutes of the University Act. The action has been challenged as beyond the powers of the Vice-Chancellor, as unjustified by the statutory provision relied on; and as being vitiated by mala fides.

(3.) THE statutory provision to which the impugned action traced is Statute 19 (1) (a) of Chapter IV-Part III, of the First Statutes which reads: 19 (1) The appointing authority or any authority to which it is subordinate or any other authority empowered by the Syndicate in that behalf may, at any time, place a University employee under suspension-- (a) where a disciplinary proceeding against him is contemplated or is pending; or * * * Under the above provision the Chancellor will have the requisite authority if he is either the appointing authority, or an authority to which the appointing authority is subordinate. Let: us see, therefore, if he is either of these. Section 3 of the Act enacts that the Chancellor, the Pro-Chancellor, the Vice-Chancellor, the Pro-Vice Chancellor and the Members of the Senate, the Syndicate and the Academic Council, shall constitute a body by name of the University of Calicut with perpetual succession and common seal. So that, the Chancellor is part of the Corporate body known as the University. Section 7 provides for powers of the Chancellor. We shall extract the Section in full: 7. The Chancellor.-- (1) The Governor of Kerala shall, by virtue of his office, be the Chancellor of the University. (2) The Chancellor shall be the head of the University and shall, when present, preside at meetings of the Senate, and at any convocation of the University. (3) The Chancellor may, by order in writing, annul any proceeding of any of the authorities of the University which is not in conformity with this Act, the Statutes, the Ordinances, the Regulations, the rules or the bye-laws: Provided that, before making any such order, the Chancellor shall call upon such authority to show cause why such an order should not be made and consider the cause, if any, shown by such authority within a reasonable time. (4) The Chancellor shall, when an emergency arises, have the right to suspend or dismiss any of the authorities of the University and to take measures for the interim administration of the University. (5) Every proposal for the conferment of an honorary degree shall be subject to confirmation by the Chancellor, (6) An appeal shall lie to the Chancellor against any order of dismissal passed by the Syndicate or the Vice-Chancellor against any person in the service of the University. (7) An appeal under Sub-section (6) shall be filed within sixty days from the date of service of the order of dismissal on the person concerned. (8) The Chancellor shall, before passing any order on an appeal under Sub-section (6), refer the matter for advice to a Tribunal appointed by him for the purpose. (9) The Chancellor shall have power to remove the Vice-Chancellor or the Pro-Vice-Chancellor from office by an order in writing on charges of misappropriation or mismanagement of funds or misbehaviour; Provided that such charges are proved by an enquiry conducted by a person who is or has been a Judge of the High Court or the Supreme Court appointed by the Chancellor for the purpose: Provided further that the Vice-Chancellor or the Pro-Vice-Chancellor shall not be removed under this section unless he has been given a reasonable opportunity of showing cause against the action proposed to be taken against him. (10) The Chancellor shall have such other powers as may be conferred on him by this Act or the Statutes, The provisions of Clauses (3), (4) and (6) of the above section are particularly important. The first of these, gives the Chancellor the power to annul proceedings of any of the authorities of the University; the second gives him a power of suspension of any of the authorities; and the third, constitutes the Chancellor an Appellate Authority against any orders of dismissal passed by the Syndicate or the Vice-Chancellor against any of the employees of the University. Under Clause (2) he is to be head of the University. Section 9 enumerates officers of the University; among them is the Registrar. So that, the Chancellor's rights under Sections 7 (3) and 7 (4) and right of appeal under Section 7 (6) shall cover and extend to actions taken against the Registrar as well. Section 12 provides for the Registrar. Section 16 enumerates the authorities of the University. Section 21 deals with Syndicate which is to be the Chief Executive Body of the University. Section 23 deals with the powers of the Syndicate and Clause (x) thereof deals with the power to suspend, discharge, dismiss or otherwise take any disciplinary action against teachers and other employees of the University. Section 32 enacts: