New Delhi: The division bench of Kerala High Court dismissed the appeal of University of Kerala, failing to pay the professional fees of Dr K.P. Satheesan, Senior Advocate.
Today, a division bench led by the Chief Justice S. Manikumar and Justice Shaji P. Chaly while dismissing the appeal of the university observed: “On a reading of the definition of mal administration, it is clear that discriminatory, unreasonable, unjust or oppressive action can be treated as mal administration. On going through the complaint filed by Dr. K.P. Satheesan, we are quite sure that such clear allegations are made in the complaint. That being so, we do not find any force in the contention advanced by the learned Standing Counsel for the University that the Lok ayukta has exceeded its jurisdiction.”
It further said, “Therefore, we have no hesitation to hold that there are no reasons to interfere with the judgment of the learned Single Judge as the appellant University has failed to make out any case of legal infirmity or other justifiable circumstances to interfere with the discretionary power exercised by the learned Single Judge.”
In the background of the matter, Dr K.P. Satheesan was appeared for and on behalf of the Pro-Vice Chancellor and apparently he had raised a bill on 18.07.2008 before the University of Kerala for an amount of Rs 25,000 and another bill of Rs 80,000 on 27.11.2008, towards the professional charges and other expenses. The bill was not paid by the University and Dr. K.P. Satheesan approached Lok Ayukta by filing the complaint alleging maladministration.
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The Upa Lok Ayukta had allowed the complaint by its order dated 18.12.2009 which was challenged by the University before the Single Judge, in W.P.(C) No. 11043 of 2010, which was dismissed vide order dated 03.12.2019. Thereafter, University had challenged the order of Single Judge before division bench which has too dismissed the appeal by the university.
Read the order here;
display_pdf-2-India Legal Bureau