Andhra Pradesh High Court
Judges : S.B.SINHA, V.V.S.RAO
Vice-Chancellor, Sri Padmavathi Mahila Viswavidyalayam, Tirupathi - Appellant
Versus
V.N.Das - Respondent
Decided On : 06-22-01
Held : Malice has to be pleaded and proved by cogent material evidence. It is also interesting to note that in regional Manager vs. Pawan Kumar Dubey the apex Court has held that normally question of malice may not be gone into in a writ proceeding. The action of the 2nd appellant may be right or wrong. But that by itself would not mean that the same was actuated by malice or the same had been taken with a design to injure the respondent warranting award of damages by way of compensation or exemplary costs. Malice in fact is required to be conclusively proved in a properly instituted proceedings before an appropriate forum in accordance with law. Damages can only be granted in terms of the doctrine of constitutional tort.
( 1 ) THIS appeal is directed against the judgment and order dated 23-11-1999 passed by the learned Single Judge of this court in Writ Petition No. 17180 of 1999 whereby and whereunder the petition filed by the respondent herein was allowed directing:. . . . . . . . all the issues framed for consideration were answered in favour of the petitioner and against the respondents No. 1 and 2 and a Writ of mandamus shall issue setting aside the orders of respondent No. 1/vice- chancellor dated 24-07-1999, accepting the resignation of the petitioner as registrar of the University and also resolution No. 04-12 dated 18-08-1999 withdrawing the financial powers of the officers of the University and consequently a direction is given to the respondents to continue the petitioner as Registrar till the completion of the tenure for which she was appointed after excluding the period under which she was not allowed to function as Registrar of the University with full financial powers as per the Circular dated 29-06-1995 pursuant to the resolution of the Board of management dated 28-12-1994. In the light of the facts of this case, the petitioner shall be entitled for costs in this writ petition. Advocates fee 5,000/- and the same shall be payable by the 2nd respondent in her personal capacity.
( 2 ) THE basic fact of the matter is not in dispute. The respondent herein was appointed as Professor and Head of the department of English in Sri Padmavathi mahila Viswavidyalaya. She was appointed as Registrar in-charge on or about 16-11-1998 and as a regular Registrar from 6-3-1999 to 6-3-2000 i. e. , for a period of one year.
( 3 ) ALLEGEDLY, disputes and differences had arisen between the respondent and the 2nd appellant herein as regards repairs carried out in quarters, fitting of a new stereo in the car and air-conditioning the same and various other matters. The 2nd appellant addressed a note dated 24-7-1999 to the Head, English Pharmaceuticals technology which is a tell-tale one and it reads thus: the Vice-Chancellor noted a number of irregularities in the files sent to her regarding repairs in quarter No. 1 (Registrar s quarters) and also registrar s Car No. ADC 697. The car was installed with new items besides being repaired and newly coloured, etc. , at a cost of Rs. 58,360. 00 which did not go through the Purchase committee and the quotations are also not in order. The new dash board in the car had provisions like air- conditioning and stereo system. Because of (the irregularities in the file, the Vice-Chancellor ordered that the new dash board be removed and replaced with the old dash board and asked that the bill may be reduced accordingly. The Registrar was not happy with the Vice-Chancellor s criticism of both the irregularities in the repairs of the house and her car. She felt that she had been hurt. The city Cable Spokesperson came to the vice-Chancellor s Chambers on the pretext to know on the development agenda of the University. There were several persons, i. e. , Chief Warden, deputy Warden, the Deans of the both the schools, Deputy Registrar (Teaching and Non-Teaching, assistant Registrar (Teaching and academic) Controller of examinations, Accounts Officer and registrar. Suddenly the questions to the Vice-Chancellor became on the issue of difference between the Vice- chancellor and the Registrar. The vice-Chancellor was forced thereupon the explain the reason for the difference between the Vice- chancellor and the Registrar. The registrar complained to the media that the Vice-Chancellor is suddenly finding fault with the Registrar. In the altercations wherein the Registrar among other things, also complained that she is not able to defend herself because she does not have; political backing. After the press left, the Vice- chancellor told the Registrar to resign. She asked the two Deans to take additional charge as Registrar but they were reluctant and did not want to accept because they have too much work. Prof P.
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