Disciplinary Action – Natural Justice – Document Access – Misappropriation of Funds – Qualifications of Director – IHRD – Kerala Civil Services Rules.
2025 KER 46627 : 2025 KLT OnLine 2202
Kerala High Court
Hon’ble Mr. Justice D.K. Singh
W.P.(C) No. 3291 of 2025; 27th June, 2025
Summary:
The petitioner, a former Principal of Model Engineering College, Ernakulam, challenged the denial of access to digital copies of documents relied upon in a disciplinary proceeding initiated against him under Rule 15 of the Kerala Civil Services (Classification, Control & Appeal) Rules, 1960. The proceedings stemmed from an internal audit report alleging financial irregularities and misappropriation in institutional, PTA, and hostel accounts during the petitioner’s tenure from 01.01.2019 to 31.01.2021. The petitioner sought to inspect and obtain digital copies of relevant audit documents to prepare his defense, but was denied based on a Division Bench judgment in W.A. No. 1698/2024, which set aside a Single Judge’s order directing document disclosure. The Court held that denying access to relied-upon documents violated principles of natural justice, as it impeded the petitioner’s ability to respond to the charges. Additionally, the Court suo motu registered a case to examine the qualifications of the Director-in-Charge of IHRD, noting concerns about the incumbent’s eligibility, given his alleged appointment from a clerical position without requisite academic experience. The Court directed the respondents to allow the petitioner to access digital copies of relevant documents and referred the issue of the Director’s qualifications to a Division Bench handling a related Public Interest Litigation.
Held:
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The refusal to provide digital copies of documents relied upon in the disciplinary proceedings was against principles of natural justice.
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The petitioner was entitled to access and obtain digital copies of relevant pages of the audit report to prepare his defense.
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A suo motu case was registered to investigate the qualifications and eligibility of the Director-in-Charge of IHRD, to be examined by the Division Bench in a pending PIL.
For Petitioner : Advs. Babu Joseph Kuruvathazha, Archana K.S., Mohammed Shafi K. & Noel Ealias
For Respondent : Adv. M. Rajagopalan Nair