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High Court of KeralaSingle JudgeWrit petition disposed with directions to compl...

Shiny Augustine v. State of Kerala represented by its Secretary, Department of Higher Education; Cochin University of Science and Technology; Vice Chancellor, Cochin University of Science and Technology; Registrar, Cochin University of Science and Technology; Deputy Registrar, Cochin University of Science and Technology; Director Center for Science in Society (CSIS), CUSAT; Bhasi Director, Center for Science in Society (CSIS), CUSAT; Dr. Pramod Director, Center for Science in Society (CSIS), CUSAT

Case / Petition Number:WP(C).No.382 OF 2021(W)

Case Details & Bench

Court
High Court of Kerala
Hon'ble Judges
  • ANU SIVARAMAN
Judgment Date
2021-02-12
Court Decision / Holding
This writ petition is ordered accordingly. The court directs that the enquiry initiated against the petitioner be completed within an outer time limit of two months from the date of receipt of a copy of this judgment, and that the petitioner shall cooperate with the enquiry.
Final Disposition
Writ petition disposed with directions to complete the enquiry within two months; petitioner to cooperate; contentions regarding the enquiry to be left open for consideration in appropriate proceedings if adverse orders are passed; no explicit grant of the other prayer relief at this stage.

Parties to the Case

Appellants / Petitioners

  • SHINY AUGUSTINE AGED 36 YEARS D/O. AUGUSTINE, DAUGHTER OF AUGUSTIN, WORKING AS ASSISTANT SECTION OFFICER, CENTRE FOR SCIENCE IN SOCIETY, CUSAT, RESIDING AT VELLUTHOOKKARAN HOUSE, KALLETTUMKARA, ALUR, THRISSUR - 680683

Respondents

  • State of Kerala represented by its Secretary, Department of Higher Education, Secretariat, Thiruvananthapuram, Kerala - 695001
  • Cochin University of Science and Technology represented by its Registrar, Kochi - 682 022
  • Vice Chancellor Cochin University of Science and Technology, Kochi - 682 022
  • Registrar Cochin University of Science and Technology, Kochi - 682 022
  • Deputy Registrar Cochin University of Science and Technology, Kochi - 682 022
  • Director Center for Science in Society (CSIS), CUSAT, Kochi - 22
  • Bhasi Director, Center for Science in Society (CSIS), CUSAT, Kochi - 22
  • Dr. Pramod Director, Center for Science in Society (CSIS), CUSAT, Kochi - 22

Legal Representation & Advocates

Counsels for Petitioners

  • • SRI.V.JOHN MANI
  • • SHRI.S.JAYANT
  • • SHRI.VARGHESE SABU
  • • SHRI.SETHULAKSHMI K.K.

Counsels for Respondents

  • • SRI.S.P.ARAVINDAKSHAN PILLAY

Case Synopsis & Summary

Shiny Augustine, an Assistant Section Officer at CSIS, CUSAT, has approached this court seeking redress against a suspension order and related disciplinary actions, asserting that the ongoing inquiry be fair, timely, and preserve her service rights. The petition sought certiorari to quash Exhibit P15 (the suspension order) and mandamus to allow her to join duty and continue service, as well as to prevent undue denial of entry and to secure back wages for November-December and access to records of disciplinary proceedings. It also asked for copies of all records relating to the disciplinary proceedings. The respondents contended that an inquiry committee had been appointed by order dated 04.02.2021, and that the petitioner’s cooperation would allow the enquiry to be completed without delay. The petitioner’s counsel pledged cooperation and suggested the enquiry be completed within a defined timeframe, with all contentions regarding the enquiry left open to be addressed in appropriate proceedings if adverse orders were eventually passed. On hearing both sides, the court held the inquiry should be completed promptly and issued a direction for completion within two months from the receipt of a copy of the judgment, with the petitioner cooperative during the process, leaving other contentions to be resolved in due course. The petition was accordingly disposed with these directions.

Provisions of Law Cited

Right to Information Act, 2005

Submissions & Arguments

Contentions of Appellants / Petitioners

The petitioner submits that the primary relief sought is to quash the suspension and allow the petitioner to join duty and continue in service, while also urging that the fourteenth respondent (and subordinates) not deny entry to the petitioner as administrative officer of the 2nd respondent. She contends a timely and fair inquiry should be conducted, and that back wages for November-December should be disbursed and records of disciplinary proceedings furnished. The petitioner is prepared to cooperate with the enquiry and to have contentions against the enquiry considered in appropriate proceedings if adverse orders are passed, with the enquiry being completed within a defined timeframe.

Contentions of Respondents

The respondents submit that the petitioner produced a non-employment certificate in January 2021 and subsistence allowance has already been released. They indicate that an enquiry committee has been appointed by order dated 04.02.2021 and that the inquiry will be completed without delay if the petitioner cooperates with the proceedings.

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Extracted Judgment Text

Exact text extracted from official judgment records.

## **IN THE HIGH COURT OF KERALA AT ERNAKULAM** ## **PRESENT** ## **THE HONOURABLE MRS. JUSTICE ANU SIVARAMAN** **FRIDAY, THE 12TH DAY OF FEBRUARY 2021 / 23RD MAGHA,1942** ## **WP(C).No.382 OF 2021(W)** ## **PETITIONERS:** **SHINY AUGUSTINE AGED 36 YEARS D/O. AUGUSTINE, DAUGHTER OF AUGUSTIN, WORKING AS ASSISTANT SECTION OFFICER, CENTRE FOR SCIENCE IN SOCIETY, CUSAT, RESIDING AT VELLUTHOOKKARAN HOUSE, KALLETTUMKARA, ALUR, THRISSUR - 680683.** **BY ADVS. SRI.V.JOHN MANI SHRI.S.JAYANT SHRI.VARGHESE SABU SHRI.SETHULAKSHMI K.K.** ## **RESPONDENTS:** **1 STATE OF KERALA REPRESENTED BY ITS SECRETARY, DEPARTMENT OF HIGHER EDUCATION, SECRETARIAT, THIRUVANANTHAPURAM, KERALA - 695 001.** **2 COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY REPRESENTED BY ITS REGISTRAR, KOCHI - 682 022.** **3 VICE CHANCELLOR COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI - 682 022. 4 REGISTRAR COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI - 682 022. 5 DEPUTY REGISTRAR COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY, KOCHI - 682 022. 6 DIRECTOR CENTER FOR SCIENCE IN SOCIETY (C-SIS), CUSAT, KOCHI - 22.** 2 WP(C).No.382 OF 2021(W) **7 BHASI DIRECTOR, CENTER FOR SCIENCE IN SOCIETY (CSIS), CUSAT, KOCHI - 22. 8 DR. PRAMOD DIRECTOR, CENTER FOR SCIENCE IN SOCIETY (CSIS), CUSAT, KOCHI - 22. R2, R4 BY ADV. SRI.S.P.ARAVINDAKSHAN PILLAY** ## **OTHER PRESENT:** ## **SR GP BIJOY CHANDRAN** **THIS WRIT PETITION (CIVIL) HAVING COME UP FOR ADMISSION ON 12.02.2021, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:** WP(C).No.382 OF 2021(W) 3 ## JUDGMENT ## **Dated this the 12th day of February 2021** ## This writ petition is filed seeking the following reliefs:- “i) To issue writ in the nature of certiorari or such other writ, order or direction to quash Exhibit P15 order issued by 4[th] respondent. ii) To issue writ in the nature of mandamus or such other writ, order or direction directing the 4[th] respondent to allow petitioner to join duty and continue her service. iii) To issue writ in the nature of mandamus or such other writ, order or direction directing the 4[th] respondent and subordinate officials not to deny entry to petitioner to administrative officer of the 2[nd] respondent. iv.) To issue writ in the nature of Mandamus or such other writ, order or direction directing the 4[th] respondent to disburse back wages for the month of November and December. v. To issue writ in the nature of mandamus or such other writ, order or direction directing the 4[th] respondent to furnish copy of all the records relating to the disciplinary proceedings initiated against the petitioner.” WP(C).No.382 OF 2021(W) 4 2. Heard the learned counsel for the petitioner and the learned Standing Counsel appearing for the University as well as the learned Government Pleader. 3. It is submitted by the learned Standing Counsel that the petitioner has produced a non-employment certificate in January, 2021 and subsistence allowance has already been released to her. This aspect is not disputed by the learned counsel for the petitioner. It is further submitted by the learned counsel for the respondents that an enquiry committee has been appointed by order dated 04.02.2021 and the enquiry against the petitioner will be completed without further delay, if the petitioner co-operates with the enquiry. 4. The learned counsel for the petitioner submits that the petitioner is prepared to co-operate with the enquiry and that the enquiry may be completed within a time frame. It is stated that all the contentions of the petitioner against the enquiry may be left open to be considered in appropriate WP(C).No.382 OF 2021(W) 5 proceedings, if adverse orders are passed. 5. Having heard the learned counsel appearing on either side, I am of the opinion that the enquiry, which has now been initiated against the petitioner, is liable to be completed without delay. 6. In the above view of the matter, leaving open all the contentions of the petitioner, there will be a direction to the respondents to complete the enquiry initiated against the petitioner within an outer time limit of two months from the date receipt of a copy of this judgment. The petitioner shall also co-operate with the enquiry. This writ petition is ordered accordingly. Sd/- ## ANU SIVARAMAN JUDGE Bng/12.02.2021 WP(C).No.382 OF 2021(W) 6 ## **APPENDIX** ## **PETITIONER'S EXHIBITS:** **EXHIBIT P1 TRUE COPY OF MEMO NO.AD.A1/153/2010(A) ISSUED BY THE REGISTRAR COCHIN UNIVERSITY OF SCIENCE AND TECHNOLOGY DATED 15.07.2010. EXHIBIT P2 TRUE COPY OF ORDER NO.AD.A1/153/2010(A) ISSUED BY DEPUTY REGISTRAR, CUSAT DATED 28.08.2010. EXHIBIT P3 A TRUE COPY OF THE REQUEST LETTER SUBMITTED BY PETITIONER BEFORE 2ND RESPONDENT DATED 26.11.2013. EXHIBIT P4 A TRUE COPY OF THE ORDER NO.AD.A1/153(p)/2013 DATED 06.12.2013 ISSUED BY DEPUTY REGISTRAR, ADMN. EXHIBIT P5 A TRUE COPY OF THE REPRESENTATION DATED 29.06.2016 SUBMITTED BY THE PETITIONER TO THE 2ND RESPONDENT. EXHIBIT P6 A TRUE COPY OF THE REPLY SUBMITTED BY THE PETITIONER DATED 22.09.2016 BEFORE THE INTERNAL COMPLAINTS COMMITTEE. EXHIBIT P7 TRUE COPY OF COMPLAINT FILED BY PETITIONER BEFORE VICE CHANCELLOR, ADMINISTRATIVE OFFICE, CUSAT DATED 29.06.2020. EXHIBIT P8 TRUE COPY OF LETTER NO.AD.A2/205/MISC./ESST./2019 ISSUED FORM 4TH RESPONDENT TO DIRECTOR CENTRE FOR SCIENCE IN SOCIETY DATED 19.10.2020. EXHIBIT P9 TRUE COPY OF REPRESENTATION SUBMITTED BY PETITIONER BEFORE HON'BLE GOVERNOR OF KERALA DATED 12.11.2020. EXHIBIT P10 TRUE COPY OF LETTER ISSUED BY 4TH RESPONDENT AS NO.AD.A2/205/MISC/ ESST/2019 DATED 16.11.2020.** WP(C).No.382 OF 2021(W) 7 **EXHIBIT P10(a)** **TRUE COPY OF LETTER NO.C2-7892/20 DATED 12.11.2020 ISSUED BY SUPERINTENDED, GENERAL HOSPITAL.** - **EXHIBIT P11 TRUE COPY OF APPLICATION SUBMITTED BY PETITIONER BEFORE 4TH RESPONDENT AS PER RIGHT TO INFORMATION ACT, 2005 DATED 27.10.2020.** - **EXHIBIT P12 TRUE COPY OF THE MEMORANDUM OF WRIT PETITION WITHOUT IT'S EXHIBITS IN WP(C) NO.26074 OF 2020.** - **EXHIBIT P13 TRUE COPY OF THE COUNTER AFFIDAVIT FILED ON BEHALF OF 2ND AND 4TH RESPONDENT IN WP(C) NO.26074 OF 2020.** - **EXHIBIT P14 TRUE COPY OF THE JUDGMENT DATED 08.12.2020 IN WP(C) NO.26074 OF 2020 BEFORE HON'BLE HIGH COURT OF KERALA.** **EXHIBIT P15 TRUE COPY OF THE SUSPENSION ORDER ISSUED BY THE 4TH RESPONDENT DATED 22.12.2020 VIDE NO.CUSAT/AD(A).A2/3069/2020.** - **EXHIBIT P16 TRUE COPY OF THE REPRESENTATION SUBMITTED TO THE 4TH RESPONDENT AND DIRECTOR, C-SIS.** **EXHIBIT P17 TRUE COPY OF THE POSTAL COMMUNICATION OF THE EXT.P16 REPRESENTATION DATED 27.01.2021. EXHIBIT P18 TRUE COPY OF THE POSTAL COMMUNICATION OF THE EXT.P16 REPRESENTATION DATED 27.01.2021.** ## **RESPONDENTS EXHIBITS:** **EXHIBIT R2(A) TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 11.01.2021 ISSUED BY THE UNIVERSITY TO THE PETITIONER** WP(C).No.382 OF 2021(W) 8 **EXHIBIT R2(A) TRUE COPY OF THE MEMO OF CHARGES AND STATEMENT OF ALLEGATIONS DATED 11.01.2021 ISSUED BY THE UNIVERSITY TO THE PETITIONER EXHIBIT R2(B) TRUE COPY OF THE LETTER DATED 24.12.2020 PF THE PETITIONER.** **EXHIBIT R2(C) TRUE COPY OF THE MEMO NO.PAYROLL(A)/SUBSISTENCE ALLOWANCE/2020 DATED 07.01.2021 ISSUED BY THE UNIVERSITY TO THE PETITIONER** **EXHIBIT R2(D) TRUE COPY OF THE ENVELOPE SHOWING THE ENDORSEMENT “LEFT”** **EXHIBIT R2(E) TRUE COPY OF THE REPORT DATED 24.12.2020 OF THE SECURITY SERGEANT.**