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IN THE HIGH COURT OF KERALA AT ERNAKULAM
D.K.SINGH
Vinu Thomas S/o Chacko N. Thomas – Appellant
Versus
State of Kerala – Respondent
| Table of Content |
|---|
| 1. the petitioner is a university official with a history of promotions and responsibilities. (Para 1 , 2 , 3) |
| 2. allegations of financial misconduct leading to a charge memo requiring a defense. (Para 4) |
JUDGMENT :
D.K. SINGH, J.
1. The petitioner is Dean (Academic) of the APJ Abdul Kalam Technological University, Thiruvananthapuram. He is also in-charge of Dean (Research) of the same University.
2. Before reaching the present position, the petitioner was appointed as Lecturer in Electronics on contract basis in the Institute of Human Resources Development (IHRD), an independent State Government Institution initially on contract basis on 03.07.1995 and his services came to be regularized from 01.09.1998. The petitioner was promoted as Associate Professor in the IHRD on 21.07.2007. He was further promoted as Professor in the IHRD on 09.09.2016 and he successfully completed the probation on the post of Professor on 11.06.2018. The petitioner was given charge of the Principal of the Model Engineering College, Thrikkakara on 15.11.2018 where he continued as such till 26.10.2021. Thereafter, he was transferred as Professor and Principal-in-Charge of the College of Engineerin
The judgment underscores the necessity of procedural fairness in disciplinary actions against public officials.
Access to evidence relied upon in disciplinary proceedings is essential to uphold the principles of natural justice, allowing the accused to prepare a proper defense.
The Director of an NIT cannot impose disciplinary actions without explicit delegation of authority from the Board of Governors, violating principles of natural justice.
Disciplinary proceedings initiated by the lending authority post-repatriation are valid; a charge-sheet cannot be challenged unless issued by an authority lacking jurisdiction.
The court upheld the petitioner's right to challenge the legality of selection proceedings for the Director of IHRD and emphasized adherence to proper appointment procedures.
Disciplinary proceedings must follow due process, including proper inquiry and adherence to principles of natural justice.
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