A Division Bench of the Kerala High Court on Monday set aside the government order removing B. Ashok, an IAS officer, from the post of Vice-Chancellor, Kerala University of Veterinary and Animal Sciences.
The Bench comprising Justice C.N. Ramachandran Nair and Justice C.K. Abdul Rehim also directed the State government to reinstate him in the post of Vice-Chancellor.
The directive was passed on an appeal filed by Mr. Ashok against a single judge’s verdict dismissing his writ against the removal. He contended that he was removed in October 2011 following publication of an article by him in a newspaper which had sarcastically commented on a senior IAS officer holding many posts in the government.
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The State government took the stand that he was removed on administrative grounds.
The Bench observed that the administrative reason was a “camouflage” and not the real reason behind his removal. The government was unable to explain as to what was the administrative reason or exigency in service for removing him from the post, particularly when the new university was being set up under his leadership. The court said that his works had been appreciated by the Chancellor in unequivocal terms in a confidential report. Besides, the State government had not explained which sensitive post needed to be filled by recalling Mr. Ashok who had been selected to the post by virtue of his qualification. The court concluded that action of removing him from the post was not based on any bona fide administrative reasons but was tainted by prejudice.
The court observed that a democratic government should not be oversensitive to criticism or react in manner detrimental to public interest by removing a head of an institution which was in its infancy.
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The court, however, said that the government was free to go ahead with the disciplinary proceedings initiated against him.