CRP Nos. 160/2011 and 221/2011; Dr. R. Suresh v. Chairman, Athurasramam NSS Homoeo Medical College & Others; MG University Appellate Tribunal, Trivandrum

IN THE HIGH COURT OF KERALA AT ERNAKULAM PRESENT: THE HONOURABLE MR.JUSTICE ANTONY DOMINIC & THE HONOURABLE MR. JUSTICE ANIL K.NARENDRAN TUESDAY, THE 23RD DAY OF SEPTEMBER 2014/1ST ASWINA, 1936 CRP.No. 160 of 2011 ( ) -----------------------AGAINST THE JUDGMENT IN UA 12/2010 of M.G.UNIVERSITY APPELLATE TRIBUNAL, TRIVANDRUM DATED 31-01-2011 ## PETITIONERS/APPELLANTS: ---------------------------------------- DR.R.SURESH, S/O.RAGHAVAN NAIR, AGED 48 YEARS, INDEEVARAM HOUSE, H.NO.454/XX/13 AZHOOR ROAD, PATHANAMTHITTA P.O., PIN-689645 (DISMISSED FROM SERVICE AS PROFESSOR AND HEAD OF THE DEPARTMENT., DEPARTMENT. OF COMMUNITY MEDICINE, ATHURASRAMOM NSS HOMOEO MEDICAL COLLEGE, S.PURAM P.O., KOTTAYAM DISTRICT PIN 686532. BY ADVS.SRI.S.SREEKUMAR (SR.) SRI.MANOJ RAMASWAMY ## RESPONDENT(S)/RESPONDENTS: - ---------------------------- 1. THE CHAIRMAN, ATHURASRAMAM N.S.S.HOMOEO ATHURASRAMAM NSS HOMOEO MEDICAL COLLEGE ADMINISTRATIVE OFFICE, N.S.S.HEAD OFFICE, PERUNNA P.O. CHANGANACHERRY, KOTTAYAM DISTRICT-686532. 2. THE CONTROLLING OFFICER, THE PRINCIPAL, GOVERNMENT HOMOEO MEDICAL COLLEGE IRANIMUTTAM, MANACADU, THIRUVANANTHAPURAM-695101. 3. THE STATE OF KERALA, REP. BY ITS SECRETARY HEALTH AND FAMILY WELFARE DEPARTMENT, SECRETARIAT THIRUVANANTHAPURAM-695101. 4. THE REGISTRAR, M.G.UNIVERSITY, KOTTAYAM-685101. 5. V.VARGHESE, ADVOCATE, PIRAPPANCODE HOUSE, MATHAI MANJURAN ROAD NEAR HIGH COURT, ERNAKULAM NORTH, KOCHI-682018. 6. DR.R.VENUGOPAL, DHMS PRINCIPAL ATHURASRAMAM NSS HOMOEO MEDICAL COLLEGE S.PURAM P.O., KURICHY, KOTTAYAM DISTRICT. CRP.160/11 7. M.G.UNIVERSITY APPELLATE TRIBUNAL, TRIVANDRUM. R-6 BY ADV. SRI.K.JAJU BABU R-6 BY ADV. SMT.M.U.VIJAYALAKSHMI R-1 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY R-1 BY ADV. SRI.S.A.ANAND R-1 BY ADV. SRI.PETER JOSE CHRISTO R2 & 3 BY SR GOVERNMENT PLEADER SRI.P.M.SANEER R4 BY ADV. SRI.VARUGHESE M.EASO, SC, M.G. UNIVERSITY R4 BY ADV. SRI.VIVEK VARGHESE P.J., SC, M.G. UNIVERSITY R4 BY ADV. DR.P.LEELAKRISHNAN, SC, M.G.UNIVERSITY R4 BY ADV. SRI. T.A. SHAJI, SC, M.G.UNIVERSITY THIS CIVIL REVISION PETITION HAVING BEEN FINALLY HEARD ON 23-09-2014, ALONG WITH CRP. 221/2011 AND CONNECTED CASES, THE COURT ON THE SAME DAY PASSED THE FOLLOWING: ## APPENDIX IN CRP.160/11 PETITIONER'S EXHIBITS: - ANNEXURE 1: TRUE COPY OF THE ORDER DATED 10.7.2006 OF THE 3RD RESPONDENT. - ANNEXURE 2: TRUE COPY OF THE JUDGMENT DATED 18.9.2006 OF THIS HON'BLE COURT IN OP.29123/99. - ANNEXURE 3: TRUE COPY OF THE REPRESENTATION DATED 1.11.2008 OF THE PETITIONER TO THE 1ST RESPONDENT. - ANNEXURE 4: TRUE COPY OF THE LETTER DATED 28.1.2009 OF THE PUBLIC INFORMATION OFFICE OF THE 4TH RESPONDENT SENT TO ONE THOMAS LMATHEW WITH RELEVANT PORTION. - ANNEXURE 5: TRUE COPY OF THE REPRESENTATION DATED 21.8.2008 OF THE PETITIONER TO THE 1ST RESPONDENT. - ANNEXURE 6: TRUE COPY OF THE LETTER DATED 7.11.2008 OF THE PRINCIPAL INCHARGE TO THE 1ST RESPONDENT. - ANNEXURE 7: TRUE COPY OF THE LETTER DATED 11.11.2008 OF THE 1ST RESPONDENT TO THEPUBLIC INFORMATION OFFICER OF THE 4TH RESPONDENT. - ANNEXURE 8: TRUE COPY OF THE LETTER DATED 20.11.2008 OF THE PUBLIC INFORMATION OFFICER OF THE 4TH RESPONDENT TO THE 1ST RESPONDENT. - ANNEXURE 9: TRUE COPY OF THE LETTER DATED 21.8.2008 SENT BY THE PUBLIC INFORMATION OFFICER OF THE 4TH RESPONDENT TO THE 1ST RESPONDENT. - ANNEURE 10: TRUE COPY OF THE ORDER DATED 29.4.2009 OF the 1ST RESPONDENT PROMOTING DR.R.VENUGOPAL AS THE PRINCIPAL OF THE COLLEGE. - ANNEXURE 11: TRUE COPY OF THE ORDER DATED 12.8.2002 IN A NO.20/2000 OF THE UNIVERSITY APPELLATE TRIBUNAL. - ANNEXURE 12: TRUE COPY OF THE ORDER DATED 24.11.2003 IN CRP.1668/02 OF THIS HON'BLE COURT. - ANNEXURE 13: TRUE COPY OF THE ORDER DATED 8.1.2004 IN SLP(C) 24295/03 OF THE APEX COURT. - ANNEXURE 14: TRUE COPY OF THE MEMO OF CHARGES DATED 28.5.2009 ISSUED BY THE 1ST RESPONDENT. - ANNEXURE 15: TRUE COPY OF THE REPLY DATED 18.6.2009 OF THE PETITIONER. - ANNEXURE 16: TRUE COPY OF THE ORDER DATED 27.8.2009 OF THE 1ST RESPONDENT. - ANNEXURE 17: TRUE COPY OF THE LETTER DATED 29.9.2009 OF ADVOCATE V VARGHESE. - ANNEXURE 18: TRUE COPY OF THE COMPLAINT DATED 11.5.2009 OF DR.R.VENUGOPAL TO DY.SP KOTTAYAM. ## CRP.160/11 - ANNEXURE 19: TRUE COPY OF THE FIR NO.206/09 DATED 11.5.2009 OF POLICE STATION, CHINGAVANAM. - ANNEXURE 20: TRUE COPY OF THE LETTER DATED 22.5.2009 OF DR.R.VENUGOPAL TO THE 1ST RESPONDENT. - ANNEXURE 21: TRUE COPY OF THE ARGUMENT NOTES DATED 21.5.2010 OF THE PETITITONER TO THE ENQUIRY OFFICER. - ANNEXURE 22: TRUE COPY OF THE ENQUIRY REPORT DATED 21.5.2010. - ANNEXURE 23: TRUE COPY OF THE LETTER DATED 24.5.2010 OF THE 1ST RESPONDENT TO THE PETITIONER WITH A COPY OF EXHIBIT P22. - ANNEXURE 24: TRUE COPY OF THE REPLY DATED 15.6.2010 OF THE PETITIONER TO EXHIBIT P23. - ANNEXURE 25: TRUE COPY OF THE LETTER DATED 3.7.2010 OF THE 1ST RESPONDENT TO THE PETITIONER. - ANNEXURE 26: TRUE COPY OF THE REPLY DATED 16.7.2010 OF THE PETITIONER TO THE 1ST RESPONDENT. - ANNEXURE 27: TRUE COPY OF THE RODER DATED 18.8.2010 OF THE 1ST RESPONDENT. - ANNEXURE 28: TRUE COPY OF THE JUDGMENT DATED 10.9.2010 IN WPC.28699/10 OF THIS HON'BLE COURT. - ANNEXURE 29: TRUE COPY OF THE ORDER DATED 21.1.1998 OF THE 1ST RESPONDENT REGARDING ONE DR.SUSAMMA JACOB. - ANNEXURE 30: TRUE COPY OF THE ORDER DATED 10.12.2009 OF THE 1ST RESPONDENT REGARDING DR.R.RAJESH. - ANNEXURE 31: TRUE COPY OF the REPRESENTATION DATED 26.3.2009 OF THE PETITIONER. - ANNEXURE 32: TRUE COPY OF the LETTER DATED 7.1.2009 OF THE 4TH RESPONDENT TO THE PETITIONER. - ANNEXURE 33: TRUE COPY OF THE ORDER DATED 3.6.2009 OF THE 4TH RESPONDENT. - ANNEXURE 34: TRUE COPY OF THE LETTER DATED 31.102006 OF THE 4TH RESPONDENT . - ANNEXURE 35: TRUE COPY OF THE ORDER DATED 9.10.2007 OF THE 4TH RESPONDENT APPROVING THE PROMOTION OF THE PETITIONER AS PROFESSOR. - ANNEXURE 36: TRUE COPY OF THE RECEIPT DATED 15.10.2007 OF THE PRINCIPAL. - ANNEXURE 37:l TRUE COPY OF THE MEMO DATED 17.10.2007 OF THE 4TH RESPONDENT TO THE PETITIONER. ## CRP.160/11 - ANNEXURE 38: TRUE COPY OF THE ORDER DATED 17.10.2007 OF THE 4TH RESPONDENT TO the PETITIONER. - ANNEXURE 39: TRUE COPY OF the COUNTER DATED 12.11.2007 OF THE 4TH RESPONDENT IN WPC.31637/07 PENDING BEFORE THIS HON'BLE COURT. - ANNEXURE 40: TRUE COPY OF THE REQUEST LETTER DATED 15.10.2007 OF THE PETITIONER TO THE PRINCIPAL OF THE COLLEGE. - ANNEXURE 41: TRUE COPY OF the REPRESENTATION DATED 10.10.2007 OF THE PETITIONER TO THE 2ND RESPONDENT. - ANNEXURE 42: TRUE COPY OF THE REPRESENTATION DATED 15.10.2007 OF THE PETITIONER TO THE 1ST RESPONDENT. - ANNEXURE 43: TRUE COPY OF THE AUDIT REPORT OF THE COLLEGE PREPARED BY THE ACCOUNTANT GENERAL. - ANNEXURE 44: TRUE COPY OF THE G.O. DATED 11.1.84 OF THE 3RD RESPONDENT. - ANNEXURE 45: TRUE COPY OF the ORDER DATED 26.3.1990 OF THE 3RD RESPONDENT. - ANNEXURE 46: TRUE COPY OF THE LETTER DATED 15.10.2007 OF THE 3RD RESPONDENT ADDRESSED TO THE PETITIONER. - ANNEXURE 47: TRUE COPY OF THE COMPLAINT NO.2482/09 FILED BY THE PETITIONER AND HIS WIFE before THE HUMAN RIGHT COMMISSION, TRIVANDRUM. - ANNEXURE 48: TRUE COPY OF THE OBJECTIONS MADE BY THE NSS OFFICE BEARERS TO ANNEXURE 47. - ANNEXURE 49: TRUE COPY OF THE MEMORANDUM OF APPEAL I.E. UA.12/2000 OF THE PETITIONER BEFORE the M.G.UNIVERSITY APPELLATE TRIBUNAL, TRIVANDRUM. - ANNEXURE 50: TRUE COPY OF THE ARGUMENT NOTES SUBMITTED BY TH EPETITIONER'S COUNSEL IN UA.12/2000 BEFORE THE M.G.UNIVERSITY APPELLATE TRIBUNAL, TRIVANDRUM. - ANNEXURE 51: TRUE COPY OF THE ABOVE ADVERTISEMENT APPEARED IN TH EMATHRUBHOOMI MALAYALAM DAILY DATED 6.7.2012. /TRUE COPY/ PS TO JUDGE ANTONY DOMINIC & ANIL K.NARENDRAN, JJ. ----------------------------------C.R.P.Nos.160 & 221 of 2011 and W.P(C).Nos.31637 of 2007 & 15932 of 2009 ----------------------------------Dated this the 23[rd] day of September, 2014 ## JUDGMENT ## Antony Dominic, J. - 1.Issues arising in these cases are connected and therefore, these cases were heard together and disposed of by this common judgment. 2.We shall first deal with CRP.Nos.160/11 and 221/11. Briefly stated, the facts of these cases are that the petitioner in CRP.160/11 was appointed as Tutor in the Anatomy Department of the Athurasramam NSS Homoeo Medical College (hereinafter referred to as the 'college', for short). Accordingly, he joined duty on 29.6.1994. While so, he represented for shifting him to the Department of Community Medicine and approached this Court by filing O.P.29123/99, seeking a direction for consideration of his representation. During the pendency of that original petition, by order dated 10.7.2006, the Government shifted the petitioner from the Anatomy Department to the Department of Community Medicine. He had also a 2 CRP.160/11 & con. cases claim for promotion to the post of professor and therefore, in the judgment disposing of the writ petition, he was given liberty to represent for that purpose. 3.Accordingly, petitioner submitted a representation dated 25.10.2006 for promotion to the post of Professor with effect from 30.6.2004. While so, on 9.10.2007, the Registrar of Mahatma Gandhi University issued an order, conveying that on consideration of a proposal forwarded by the Chairman of the college for approval of his promotion as Professor, the Syndicate Standing Committee on affiliation, vide its resolution dated 11.2.2007, approved the promotion of the petitioner as Professor in Community Medicine with effect from 10.11.2006 in a retirement vacancy. Immediately thereafter, the University issued a communication dated 17.10.2007, stating that the order dated 9.10.2007 was issued without a proper proposal from the Manager and calling upon the petitioner to show cause within 48 hours why the approval shall not be withdrawn since there was a statutory lapse in the promotion given. On the same CRP.160/11 & con. cases 3 day, the University issued yet another communication informing the petitioner that the syndicate also resolved to keep in abeyance his promotion and to the Syndicate Standing Committee on affiliation to review its earlier decision. Challenging the communications issued by the University on 17.10.2007, the petitioner filed W.P(C).31637/07 before this Court. 4.While so, on 1.11.2008, the petitioner made a representation, a copy of which is Annexure 3 before the Tribunal, describing himself as Professor and requesting that he be promoted as Principal. Along with another representation Annexure 4, dated 28.1.2009, he also produced Annexure 5, copy of a communication purportedly obtained from one Thomas Mathew, which was a reply obtained by him from the University under the Right to Information Act. It was stated in Annexure 5 that the qualification which Dr.Venugopal, a claimant to the post of Principal, possessed was not one recognised for promotion as principal. Subsequently, by Annexure 10 before the Tribunal dated 29.4.2009, Dr.Venugopal was promoted as Principal with effect from 1.5.2009. It was CRP.160/11 & con. cases 4 thereupon that the petitioner filed W.P(C).15932/09 challenging that promotion. - 5.While matters stood this, the first respondent issued Annexure 14 memo of charges dated 28.5.2009, alleging the following misconducts against the petitioner: 1. That you Dr.R.Suresh, Tutor, Athurasramam NSS Homoeo Medical College, Kurichi submitted a letter dated 01/11/2008 addressing to the Chairman of the college designating yourself as the Professor and Head of Department of Community Medicine of the college stating that you are eligible for promotion as the Principal of the college fully knowing that you are only a tutor and not even eligible for promotion as Professor of the Department of the college. 2. You, along with the letter dated 01/11/2008 have produced a document dated 21/08/2008 from mahatma Gandhi University, Kottayam (Photocopy) as a genuine document with malafide intention and ulterior motive to gain ineligible promotion as Principal of the college and to prevent the chance of a qualified senior Professor of the institution for promotion as Principal. 3. You have produced a document with your letter dated 01/11/2008 obtained by one Thomas Mathew, South Indian Homoeo Store, Chengannur CRP.160/11 & con. cases 5 from Mahatma Gandhi University, Kottayam under the provisions of Right to information Act. The same was a photocopy forging the original document, deleting the relevant portion with ulterior intention to cheat and mislead your higher authorities. 4. By forging the document, by deleting the relevant portion of the original document you have committed very serious criminal offences. 5. Your above actions are quite unbecoming of a tutor of a professional college. 6. On receipt of Annexure 14 memo of charges, the petitioner submitted Annexure 15 explanation. The explanation was not satisfactory to the Disciplinary Authority. Therefore, the Disciplinary Authority appointed an Enquiry Officer by Annexure 16. The Enquiry Officer conducted enquiry with notice to the petitioner and the management and finally submitted Annexure 22 report, finding the petitioner guilty of all misconducts. On receipt of the said report, the Disciplinary Authority forwarded its copy to the delinquent, calling upon him to make his representations against the findings of the Enquiry Officer. Accordingly, the petitioner submitted Annexure 24 explanation. The explanation was 6 CRP.160/11 & con. cases considered by the Disciplinary Authority, who, on consideration of the entire matter, decided to accept the findings of the Enquiry Officer. 7.The Disciplinary Authority was of the view that considering the gravity of the misconducts, it was not desirable to retain the petitioner in service and that he deserved an exemplary punishment. Therefore, show cause notice was issued to the petitioner, informing that it was provisionally decided to impose punishment of dismissal. On receipt of the show cause notice, the petitioner submitted his reply. He was heard by the Disciplinary Authority and thereafter, the Disciplinary Authority issued Annexure 27 order dated 18.8.2010, confirming the provisional decision to dismiss the petitioner from service with immediate effect. - 8.Challenging the order of dismissal and invoking his appellate remedy as provided under section 63(6) of the Mahatma Gandhi University Act, 1985, the petitioner filed an appeal before the University Appellate Tribunal and the Tribunal, by its order 7 CRP.160/11 & con. cases dated 31.1.2011, held that among the 5 charges, charge Nos.2, 3 and 4 were not proved. Considering the gravity of the remaining charges which were held to be proved, the Tribunal took the view 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 MG University Act. It is aggrieved by this order of the Tribunal, the petitioner has filed CRP.160/11. - 9.CRP.221/11 is filed by the Disciplinary Authority challenging the order of the Tribunal to the extent it interfered with the findings of the enquiry officer in so far as charge Nos.2, 3 and 4 are concerned and also to the extent the punishment imposed by them was interfered with. 10.We have heard the learned senior counsel for the petitioner, learned counsel appearing for the Disciplinary Authority, learned Government Pleader, standing counsel for the University and the learned senior counsel appearing for Dr.Venugopal, the present Principal. 8 CRP.160/11 & con. cases 11.The contentions raised by the counsel for the petitioner are mainly twofold. According to the learned senior counsel, the findings of the Enquiry Officer in so far as charge Nos.1 and 5, which are confirmed by the Tribunal in the impugned order, are perverse and are not supported by any evidence. Counsel contended that so long as the petitioner's promotion to the post of Professor, which was duly approved by the University, is not recalled or reviewed, he is entitled to describe himself as Professor and claim further promotion on that basis. He, therefore, contended that this did not amount to any misconduct justifying any disciplinary action against him. In so far as production of Annexure 5, which is held to be a fabricated document, is concerned, counsel submitted that Annexure 5 is a photocopy obtained by him from Sri.Thomas Mathew to whom the University issued the document under the Right to Information Act. It is stated that he had produced what he got from Sri.Thomas Mathew and also took steps to examine Sri.Thomas Mathew in the disciplinary proceedings. However, the same did not succeed for the reason that Sri.Thomas Mathew had 9 CRP.160/11 & con. cases expired by that time. Counsel contended that both the Enquiry Officer and the Tribunal held Annexure 5 to be a fabricated document relying only on Annexure 9 produced by the Disciplinary Authority, which was also a photocopy, and the authenticity of which was not proved either before the Enquiry officer or before the Tribunal. In other words, learned senior counsel attacked the findings of the Tribunal accepting that Annexure 5 was a fabricated one, on the ground that the said finding is perverse. 12.Learned senior counsel also contended that there is absolutely no evidence to hold that the petitioner conducted himself in any matter unbecoming of a tutor in the college. Learned counsel also brought to our notice that on a complaint made against him regarding the production of Annexure 5, Cr.No.206/09 was registered by the Sub Inspector of Police, Chingavanam, which was chargesheeted as C.C.183/10 before the Judicial First class Magistrate, Changanacherry and that after recording evidence, the trial court by its judgment dated 19.12.2013 acquitted him. Counsel concluded his submissions by CRP.160/11 & con. cases 10 placing reliance on the Apex Court judgment in Chairman cum managing Director, Coal India Ltd. v. Mukul Kumar Choudari [AIR 2010 SC 75] and contending that at any rate, the punishment of compulsory retirement now imposed on the petitioner is too disproportionate to the gravity of the proved misconducts, requiring interference by this Court. 13.On the other hand, learned counsel appearing for the Disciplinary Authority, who has also filed CRP.221/11, attempted to sustain, not only the findings of the Enquiry Officer but also that of the Tribunal in so far as charge Nos.1 and 5 are concerned. He contended that the findings of the Enquiry Officer in respect of charge Nos.2 to 4 are well supported by the evidence adduced and that the Tribunal, by a perverse reasoning, held those charges to be not proved. Learned counsel also contended that the punishment of dismissal was imposed considering the gravity of the misconducts committed by the delinquent and that in the absence of anything indicating that the said punishment was too disproportionate shocking the conscience of the CRP.160/11 & con. cases 11 court, the Tribunal has erroneously exercised its jurisdiction and interfered with the same. Learned counsel, therefore, contended that this Court should restore the punishment imposed by the Disciplinary Authority. - 14.We have considered the submissions made before us. We have already extracted from the chargesheet, the 5 charges that were levelled against the petitioner. Among the 5 charges, the substance of the first charge was that despite his full knowledge that he was only a tutor and ineligible for promotion as Principal, the petitioner designated himself as Professor and Head of the Department of Community Medicine. Appreciating the evidence adduced, the Enquiry Officer held that this charge was proved. In the impugned order, the Tribunal also upheld this finding of the Enquiry Officer. - 15.As we have already stated, while it was contended on behalf of the petitioner that the said findings of both the Enquiry Officer and the Tribunal are perverse, learned counsel for the Disciplinary 12 CRP.160/11 & con. cases Authority referred us not only to the enquiry report but also to the documents relied on by the Enquiry Officer. He also made reference to the order of the Tribunal where the findings of this misconduct was upheld. 16.Having considered the matter in its totality, we are satisfied that the findings of the Enquiry Officer and the Tribunal in so far as misconduct No.1 is concerned is liable to be upheld. Admittedly, the petitioner was only a tutor in Community Medicine. Annexure 35 order issued by the Registrar of the University shows that the Chairman of the college forwarded a representation submitted by the petitioner under cover of Annexure 34 for approving his promotion as Professor and that considering the same, the Syndicate Standing Committee on affiliation, vide its resolution dated 11.9.2007, approved the promotion of the petitioner as Professor with effect from 10.7.2006 in a retirement vacancy. Though such an order was issued, there is nothing to indicate that the petitioner assumed charge as Professor. Instead, Annexure 36 receipt issued by 13 CRP.160/11 & con. cases the Principal on 15.10.2007 only shows that his request for assuming duty as Professor in pursuance of Annexure 35 was received by the Principal. 17.While matters stood thus, Annexure 37 memo was issued by the University calling upon the petitioner to show cause within 48 hours why the promotion given to him as Professor shall not be withdrawn. That was issued on 17.10.2007 and on that day itself, Annexure 38 was issued by the University intimating the petitioner about the resolution of the Syndicate to keep his promotion as Professor in abeyance and also to direct the Syndicate Standing Committee on affiliation to review its decision approving promotion of the petitioner based on which Annexure 35 was issued. All these therefore show that throughout the petitioner was continuing only as a tutor in the Department of Community Medicine and at no point of time, did he have an occasion to enjoy the benefit of Annexure 35 by taking charge as Professor or to discharge the duties attached thereto. In other words, the petitioner was always a tutor and had no right whatsoever to designate or CRP.160/11 & con. cases 14 describe himself as Professor or to claim promotion as Principal on that basis. - 18.It is in the above factual circumstances and mainly referring to the documents referred to above that the Enquiry Officer and the Tribunal held him guilty of charge No.1 and according to us, there is no justification for the petitioner to now contend before us that the finding on the aforesaid misconduct rendered by the Enquiry Officer and the Tribunal are perverse. We, therefore, confirm that finding. - 19.Though the Enquiry Officer held charge Nos.2, 3 and 4 proved, the Tribunal reversed these findings and absolved the petitioner from these charges. One of the grievances of the Disciplinary Authority highlighted in CRP.221/11 filed by them is regarding this finding of the Tribunal. According to the learned counsel for the Disciplinary Authority, the findings of the enquiry officer in regard to charge Nos.2 to 4 are fully supported by oral and documentary evidence and the Tribunal reversed that CRP.160/11 & con. cases 15 conclusion of the Enquiry Officer by mere conjectures and surmises. This, the learned counsel contends, amounts to a perverse finding on facts, justifying to be reversed. On the other hand, learned counsel for the petitioner sought to sustain the finding of the Tribunal. 20. We have considered the submissions made by both sides. The factual basis which gave rise to these three charges is the production of Annexure 5. As we have already stated, along with Annexure 4 representation made by the petitioner seeking promotion to the post of Principal, he produced Annexure 5, which is a photocopy of the reply given by the Public Information Officer (Academic) of the MG University in the letter head of the University itself, to one Sri.Thomas Mathew of South Indian Home Store, Chingavanam P.O. This document shows that Sri.Thomas Mathew made a request under the RTI Act and in the reply, he was informed that DHMS course is not included in the list of recognized courses published by the University. 16 CRP.160/11 & con. cases 21.According to the Disciplinary Authority, on being suspicious about it, they addressed the University to confirm the genuineness of Annexure 5 and received Annexure 9, which is also a photocopy of the reply given to Sri.Thomas Mathew. In Annexure 9, in addition to the aforesaid sentence contained in Annexure 5, it was further stated by the Public Information officer that only on receipt of an application in the prescribed form along with the scheme of the course, syllabus and prescribed fee, the applications for recognition of the courses can be considered by the University. It was because of the absence of the second sentence in Annexure 5 that the Disciplinary Authority alleged that Annexure 5, produced by the petitioner along with Annexure 4, was a fabricated document and it was from that factual foundation, charge Nos.2, 3 and 4 arose. - 22.Though this allegation has been held to be proved by the Enquiry Officer, the Tribunal discussed these three misconducts together in paragraphs 21 to 27 of the impugned order. The Tribunal has referred to section 463 and 464 of the Indian Penal Code, CRP.160/11 & con. cases 17 extracted Annexures 5 and 9 and held that the latter sentence of Annexure 9, which was seen deleted in Annexure 5, was immaterial and inconsequential and held that the production of the said document did not attract any criminal offence of forgery rendering the findings of the Enquiry Officer on charges 2, 3 and 4 unsustainable. 23.However, the Tribunal found that being a responsible tutor in an educational institution, the act of the petitioner in producing Annexure 5, representing it to be the full text of the letter issued by the University, though is not a grave misconduct, as was taken by the Disciplinary Authority, still is a blameworthy conduct on his part. Having considered Annexures 5 and 9 and also the deletion of the inconsequential sentence contained in Annexure 5, we are not prepared to think that the petitioner can be accused of having committed any misconduct as alleged against him, and we fully concur with the Tribunal that such a conduct was unbecoming of a tutor in an educational institution. In sum and substance, we do CRP.160/11 & con. cases 18 not find any reason to disagree with the view taken by the Tribunal on charges 2, 3 and 4. - 24.What remains is the findings of the Tribunal on charge No.5. We agree with the Tribunal in its finding on charge No.5 that the irregularity in producing a truncated document is sufficient to uphold the allegation that the conduct of the petitioner was unbecoming of a tutor of an educational institution and therefore, the findings of the Tribunal on charge No.5 that the petitioner has conducted himself in a manner unbecoming of a tutor also is upheld. - 25.Since no argument was raised before us about the procedure adopted by the Enquiry Officer in conducting the enquiry, we are not examining any of those issues. - 26.The other issue is whether the punishment of compulsory retirement imposed on the petitioner is disproportionate or whether there is any substance in the contention raised by the disciplinary Authority CRP.160/11 & con. cases 19 that the Tribunal acted without jurisdiction in interfering with the punishment of dismissal. 27.Though it is entirely within the domain of the Disciplinary Authority to initiate disciplinary action against an erring employee and also to impose appropriate punishment, such punishment should be proportionate to the gravity of the misconduct. In cases where the punishment so imposed is found to be disproportionate to the proved misconducts, the Tribunal and this Court exercising the power of judicial review, are entitled to interfere with such orders issued by the Disciplinary Authority. This principle is too well settled and we need only refer to the judgement of the Apex Court in Chairman cum managing Director, Coal India Ltd. (supra) relied by the learned senior counsel for the petitioner. Yet another principle which is to be borne in mind in this context is that even if a court finds the punishment to be too disproportionate, except in exceptional cases, the court should remit the matter back to the Disciplinary Authority with liberty to impose an appropriate punishment on the delinquent CRP.160/11 & con. cases 20 considering the nature of the misconducts that are proved against the delinquent. - 28.In so far as this is case is concerned, admittedly, the punishment of dismissal was imposed on the delinquent considering the gravity of the 5 misconducts which were held by the Enquiry Officer as proved. The Tribunal reversed the findings of the Enquiry Officer in so far as charge Nos.2, 3 and 4 are concerned and these findings of the Tribunal have been upheld by this Court also. - 29.Therefore, what remains is the finding of the Enquiry Officer that the petitioner had designated himself as Professor despite the fact that he was only a tutor and that he has acted himself in a manner unbecoming of a tutor. In addition to this, there is also an irregularity on his part in producing Annexure 5, a document which is incomplete. Considering the gravity of these misconducts which are proved against the petitioner, the Tribunal held the punishment of dismissal to be disproportionate and reduced it to compulsory retirement. The question CRP.160/11 & con. cases 21 is whether compulsory retirement is a punishment proportionate to the gravity of these misconducts. Considering the nature of the allegations proved, we are satisfied that the punishment of dismissal, which is now reduced to compulsory retirement, is a disproportionate one and is one shocking the conscience of this Court. Therefore, we are unable to sustain this punishment imposed by the Disciplinary Authority as modified by the Tribunal. To that extent, we set aside the order of the Tribunal. - 30.Accordingly, we remit the matter back to the Disciplinary Authority with liberty to impose anyone of the punishments provided in section 63(6) (a), (b) or (c) of the M.G. University Act. We also direct that the Disciplinary Authority shall reinstate the petitioner forthwith with liberty to impose punishment as indicated above. - 31.In so far as the claim of the petitioner for backwages is concerned, we clarify that depending on the nature of the punishment that is to be imposed on CRP.160/11 & con. cases 22 the petitioner, the Disciplinary Authority will take a decision on that aspect also. CRP.160/11 and 221/11 are disposed of accordingly. 32.W.P(C).31637/07 is filed by the petitioner challenging Exts.P6 and P7, the communications issued by the University on 17.10.2007, calling upon the petitioner to show cause why the approval of his promotion shall not be withdrawn and also keeping the said approval in abeyance. As we have already noticed, the reason for issuing these two communications was the findings of the University that the approval was granted without any proper proposal. It is also seen that by Ext.R4(a) order, the management itself has rejected his request for promotion. In such circumstances, we do not think that this Court will be justified in interfering with Exts.P6 or P7 or that the petitioner has made out a case for declaring that he is entitled to hold the post of Professor in the Department of community medicine in the college. 23 CRP.160/11 & con. cases 33.In so far as W.P(C).15932/09 is concerned, the petitioner challenges Annexure A10 mentioned above, (Ext.P6 herein), whereby, Dr.Venugopal, who was a Professor in the Anatomy Department, was promoted as Principal of the college. We have already found that the petitioner was only a tutor. If that be so, he was neither in the feeder category nor could he have aspired for promotion to the post of Principal. That apart, it is also submitted that the promotion was approved by the University and the Government as well. In such circumstances, we do not find any merit in this writ petition either. The CRPs and writ petitions are disposed of. Sd/ANTONY DOMINIC, Judge. ANIL K.NARENDRAN, Judge. kkb.