IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT THE HONOURABLE MR. JUSTICE RAJA VIJAYARAGHAVAN V TUESDAY, THE 15^TH DAY OF FEBRUARY 2022 / 26TH MAGHA, 1943 WP(C) NO. 22745 OF 2021 PETITIONER:

DR. R.SURESH S/O RAGHAVAN NAIR, INDEEVARAM HOUSE, HOUSE NO.

45/XX/13,AZHOOR ROAD, PATHANAMTHITTA P.O.PIN-689 645 (PRESENTLY RESIDING AT SAI KRUPA, ELANJIMEL P.O.,CHENGANNUR, ALAPPUZHA DISTRICT, PIN-689 511)

(LECTURER, COMMUNITY MEDICINE, ATHURASRAMAM, N S S HOMOEO MEDICAL COLLEGE, S PURAM P.O.KURICHY, KOTTAYAM-686 532)

BY ADVS.

SAJEEV KUMAR K.GOPAL G.GOPAKUMAR (MAVELIKARA)

RESPONDENTS:

1 THE CHAIRMAN, ATHURASRAMAM N.S.S. HOMOEO MEDICAL COLLEGE, ADMINISTRATIVE OFFICE, N.S.S.HEAD OFFICE, PERUNNAI P.O.,CHANGANACHERY, KOTTAYAM-686 532.

2 THE CONTROLLING OFFICER (PRINCIPAL), GOVERNMENT HOMOEO MEDICAL COLLEGE, IRANIMUTTOM, MANACAUD, THIRUVANANTHAPURAM-695 101

3 STATE OF KERALA REPRESENTED BY THE SECRETARY (AYUSH) HEALTH AND FAMILY WELFARE DEPARTMENT, GOVERNMENT SECRETARIAT, THIRUVANANTHAPURAM-695 001.

4 MAHATMA GANDHI UNIVERSITY REPRESENTED BY ITS REGISTRAR, PRIYADARSINI HILLS P.O.,KOTTAYAM-685 101

5 KERALA UNIVERSITY OF HEALTH SCIENCES REPRESENTED BY ITS REGISTRAR, MEDICAL COLLEGE P.O.,THRISSUR-680 596.

BY ADVS.

S.P.ARAVINDAKSHAN PILLAY N.SANTHA V.VARGHESE S.A.ANAND PETER JOSE CHRISTO SRI P SREEKUMAR, SC SRI SURIN GEORGE IPE, SC SMT SURYA BINOY, SR GOVERNMENT PLEADER THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 15.02.2022, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:

“CR”

JUDGMENT

Whether the imposition of penalty by way of reduction to a lower rank in the seniority list of a teacher of a private college as per the provisions of Chapter 45 of the Mahatma Gandhi University Statutes, 1997, (hereinafter referred to as ‘MGU Statutes, 1997’) would be a permanent one or whether the same would be only as one for a period of six months. While the petitioner asserts that the reduction to a lower rank can only be for six months, the University contends otherwise. This is the question that needs a resolution.

2. A thumbnail sketch of the facts involved are as under:

While working as a Tutor in the Athurasramam NSS Homeo Medical College, disciplinary proceedings were initiated against the petitioner for falsely designating himself as a Professor and Head of the Department of Community Medicine of the College despite the fact that he was only a Tutor. Among other allegations, he is stated to have produced a forged document to gain illegible promotion. A memo of charges was issued on 28.5.2009 and after complying with the formalities, an enquiry officer was appointed. The enquiry officer found the petitioner guilty of all misconduct. Later, the explanation offered by the petitioner was rejected and the disciplinary authority decided to accept the findings of the enquiry officer. The disciplinary authority later issued an order dated 18.8.2010 confirming the provisional decision to dismiss the petitioner from service with immediate effect. The petitioner invoked the appellate remedy and approached the University Appellate Tribunal. By order dated 30.1.2011, the Tribunal after evaluation of the facts and circumstances, held that the punishment of dismissal was disproportionate and reduced the same to compulsory retirement from service as envisaged in section 63 (6) (ccc) of the Mahatma Gandhi University Act, 1997 (‘the Act’ for short). The order passed by the Tribunal was taken up before this Court and by Ext.P10 judgment, this Court took the view that considering the nature of allegations, the punishment of dismissal which was reduced to compulsory retirement by the Tribunal was disproportionate and the matter was remitted back to the disciplinary authority with liberty to impose any of the punishment as provided in Section 63(6)(a), (b) or (c) of the Act among the five charges levelled against the petitioner.

3. The petitioner contends that in obedience to the directions issued by this Court, the 1st respondent reinstated him in service. The matter was ho