Nagesh Kumar B.R. v. Kerala Veterinary and Animal Sciences University

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MR. JUSTICE SATHISH NINAN** **TUESDAY, THE 4[TH] DAY OF APRIL 2023 / 14TH CHAITHRA, 1945** ## **WP(C) NO. 6044 OF 2023** ## **PETITIONER:** NAGESH KUMAR.B.R. AGED 36 YEARS S/O R. BHANU, CHRISTU BHAVAN, KURUNNAPPENKAVU, CHANGA, CHANGA.P.O., THIRUVANANTHAPURAM, PIN – 695542. BY ADVS. R.T.PRADEEP M.BINDUDAS K.C.HARISH ## **RESPONDENTS:** 1 KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY, REPRESENTED BY ITS REGISTRAR POOKODE, WAYANAD, PIN - 673576 2 VICE-CHANCELLOR KERALA VETERINARY & ANIMAL SCIENCES UNIVERSITY, POOKODE, WAYANAD, PIN - 673576 3 DEAN COLLEGE OF VETERINARY & ANIMAL SCIENCES, KERALA VETERINARY & ANIMAL SCIENCES UNIVERSITY, POOKODE, LAKKIDY P.O., WAYANAD, PIN - 673576 ## **OTHER PRESENT:** SRI. MANU GOVIND, SC, KERALA VETERINARY AND ANIMAL SCIENCES UNIVERSITY. THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 04.04.2023, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING: ## **SATHISH NINAN, J.** **= = = = = = = = = = = = = = = = = = W.P.(C) No.6044 of 2023** **= = = = = = = = = = = = = = = = = = Dated this the 4[th] day of April, 2023** ## **J U D G M E N T** The petitioner is doing his B.VSc. (AV) course in the third respondent College affiliated to the first respondent University. Alleging unbecoming conduct on the part of the petitioner against a co-girl student, the petitioner is, as per Ext.P6 order dated 21.01.2023, kept under suspension. The Internal Complaints Committee constituted under The Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013 (hereinafter referred to as “the POSH Act”) conducted an enquiry and submitted Ext.P7 report recommending action against the petitioner. The writ petition is filed challenging Exts.P6 and P7. 2. Heard Sri.R.T.Pradeep, learned counsel for the petitioner and Sri.Manu Govind, learned Standing Counsel for the third respondent. ## **W.P.(C) No.6044 of 2023** -: 2 :- 3. The proceedings initiated against the petitioner under the POSH Act is not maintainable since the Act is not at all applicable to the case at hand, contends the learned counsel for the petitioner. 4. The respondent through its Standing Counsel has placed on record an order dated 03.04.2023 whereunder the third respondent has, noticing that the proceedings ought to have been taken under the University Grants Commission (Prevention, prohibition and Redressal of Sexual Harassment of Women Employees and Students in Higher Educational Institutions) Regulations, 2015, withdrawn the earlier proceedings and initiated fresh proceedings in terms of the UGC regulations. The petitioner is however, maintained under suspension till final decision is taken in the enquiry. 5. The learned counsel for the petitioner would submit that, the petitioner was an employee in the Animal Husbandry Department as Livestock Inspector Grade-II. He is on leave without pay for studying the ## **W.P.(C) No.6044 of 2023** -: 3 :- course. He is the sole breadwinner of his family consisting of his wife, daughter and aged mother. His daughter is six years old and has same name as that of the complainant. He has treated the complainant like his own daughter and he never misbehaved with her. The UGC Regulations does not authorise suspension pending enquiry. Continuing of his suspension will cause him great hardship and prejudice, it is submitted. 6. Ext.P6 order of suspension dated 21.01.2023 indicates that such order was passed based on the report dated 21.01.2023 of a preliminary enquiry committee. It is being prima facie satisfied on the basis of such report that the third respondent placed the petitioner under suspension. It is not proper for this Court to interfere with the same at this stage. 7. Learned counsel for the petitioner would contend that, suspension is a form of punishment and could not be imposed pending the enquiry proceedings. Therefore, according to the learned counsel, the order of **W.P.(C) No.6044 of 2023** -: 4 :- suspension is bad in law. I am unable to agree with the said submission. It is the responsibility of the Principal of the College to maintain the discipline in the College. On the allegation of an untoward incident, the Principal, based on a preliminary enquiry felt it necessary to keep the petitioner away from the College. Such an order of suspension is not to be construed as an order of punishment. It is only to enable the smooth conduct of the enquiry proceedings and also to maintain the peaceful atmosphere in the College. The Principal has every authority to pass such an order. It is well within the authority of the Principal since exercise of such power would be warranted for the larger interests of the institution. The Division Bench of this Court in _**P.M. Unni Raja & Ors. v. Principal, Medical College, Thiruvananthapuram & Ors. AIR 1983 Ker 200**_ stated that it is within the inherent power of the Principal to deal with the students, to improve them and to maintain discipline. Such power includes the right to suspend ## **W.P.(C) No.6044 of 2023** -: 5 :- also. Taking away such power from the Principal who is the head of the institution on acting against allegations of misconduct and indiscipline would render his power to maintain discipline in an institution as ineffective. The court stated as: “ _But the absence of such a provision will not prevent the Principal from taking such action as he deems necessary to maintain discipline in the college as he is the best judge to decide as to how to maintain discipline.”_ 8. The learned counsel for the petitioner submits that the complainant has left the College and is doing her course elsewhere and his continuance in the College, therefore, will not affect anyone. 9. The petitioner has been under suspension since 21.01.2023. It is for the third respondent to consider whether the suspension needs to continue till the completion of the enquiry proceedings. If the petitioner approaches the third respondent with a request in the said regard, the third respondent shall consider the ## **W.P.(C) No.6044 of 2023** -: 6 :- same and pass appropriate orders. The enquiry now ordered under the UGC Regulations shall be completed expeditiously. Writ petition is disposed of as above. Sd/- **SATHISH NINAN JUDGE** kns/- //True Copy// P.S. to Judge ## **APPENDIX OF WP(C) 6044/2023** ## PETITIONER EXHIBITS |EXHIBIT P1|TRUE COPY OF ALLOTMENT MEMO DATED 11.1.2023| |---|---| ||BY THE COMMISSIONER FOR ENTRANCE EXAMINATION| |EXHIBIT P2|TRUE COPY OF ORDER DATED 17.1.2023 BY THE| ||DISTRICT ANIMAL HUSBANDRY OFFICER RELIEVING| ||THE PETITIONER FROM DUTY| |EXHIBIT P3|TRUE COPY OF AADHAAR CARD OF DAUGHTER OF| ||PETITIONER<br>DATED<br>28.2.2019<br>BEARING| ||NO.454755354398| |EXHIBIT P4|TRUE COPY OF IDENTITY CARD OF DAUGHTER OF| ||PETITIONER ISSUED FROM LOYOLA ICSE SCHOOL,| ||MUKUNDARA WHERE SHE UNDERGOES STUDIES| |EXHIBIT P5|TRUE COPY OF WRITTEN APOLOGY OF PETITIONER| ||DATED 21.1.2023 GIVEN BEFORE THE 3RD| ||RESPONDENT| |EXHIBIT P6|TRUE COPY OF ORDER OF SUSPENSION DATED| ||21.1.2023 BY 3RD RESPONDENT AGAINST THE| ||PETITIONER| |EXHIBIT P7|TRUE COPY OF COVERING LETTER OF 3RD| ||RESPONDENT DATED 14.2.2023 ALONG WITH REPORT| ||DATED 1.2.2023 FURNISHED TO THE PETITIONER BY| ||3RD RESPONDENT| |EXHIBIT P8|TRUE COPY OF REPRESENTATION DATED 16.2.2023| ||BY PETITIONER BEFORE 1ST RESPONDENT| |EXHIBIT P9|TRUE COPY OF NOTICE DATED 23.2.2023 BY 3RD| ||RESPONDENT| |EXHIBIT P10|TRUE COPY OF EXPLANATION DATED 27.2.2023| ||GIVEN BY PETITIONER TO 3RD RESPONDENT| |EXHIBIT P11|TRUE COPY OF ORDER DATED 2.3.2023 BY 3RD| ||RESPONDENT| |EXHIBIT P12|TRUE COPY OF NOTIFICATION DATED 2.5.2016 BY| ||WHICH U.G.C. REGULATIONS HAVE BEEN BROUGHT| ||INTO FORCE| -----