The judgment underscores the necessity of procedural fairness in disciplinary actions against public officials.

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 Engineering, Cherthala. While continuing so, he was appointed as Dean (Academics) in APJ Abdul Kalam Technological University vide the order in Exhibit P-1 dated 15.10.2022.

3. The petitioner’s education credentials are M. Tech Degree from the Cochin University of Science and Technology (CUSAT) on 02.08.2001. He got Ph.D. degree from the same University on 16.11.2009.

4. It appears that the internal audit of accounts was held in Model Engineering College, Thrikkakara when the petitioner was acting as the Principal-in-Charge of the said College and certain objections regarding purchase of fish, meat, egg, milk etc. in the Boys/Men’s Hostel were pointed out. The petitioner was issued with the Charge Memo along with Statement of Allegations dated 30.07.2024 in Exhibit P-11. The Exhibit P-11 on reproduction would read as under:

MEMO OF CHARGES

(Charge against Dr. Vinu Thomas, Professor & Principal (in-charge), Model Engineering College, Ernakulam)

1. THAT you, Dr. Vinu Thomas, Professor, while holding charge of the Principal, Model Engineering College Ernakulam committed severe supervisory lapse leading to large scale misappropriation of public money, fraudulent transactions and massive irregularities in the institutional accounts, hostel accounts and Parents & Teachers’ Association (PTA) accounts of Model Engineering College Ernakulam of during the period of 01.01.2019 to 31.01.2021.

2. Hence, you are requested to show cause why disciplinary action as contemplated under Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules. 1960 should not be taken against you. You are allowed 15 days from the date of receipt of this communication to submit your written statement of defense. If your written statement is not received within the specified time, the matter will be proceeded with on presumption that you have no explanation to offer. You are also required to state whether you desire to be heard in person You may peruse the relevant records of this office mentioned in the statement of allegations and take down extracts from them if so desired, on any day prior to the due date for submission of your written statement of defense on any day which will be fixed in advance at your request.

3. A statement of allegations on which the above charge is based is hereto attached. 

Sd/- 

DIRECTOR 

STATEMENT OF ALLEGATIONS 

1. The Internal Audit Wing of IHRD, while conducting the audit of accounts of Model Engineering College, Ernakulam for the period from 01.01.2019 to 31.10.2023 has reported severe lapses, irregularities and misappropriation of public money in the institutional accounts, PTA accounts and accounts of the Students' Hostel of the College during the period Shri Vinu Thomas held charge of the Principal of the College. Irregularities and misappropriation re