TaxTMI 
TaxTMI 
2011 (3) TMI 1490
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....versity. The entire land of 42.5 acres, so acquired in Kalady (the holy birth place of Sree Sankaracharya) in Ernakulam District which was handed over to the University by the District Collector of Ernakulam for establishing the University consisted of low-lying and waterlogged paddy fields and any development work could be started only after it was filled up with earth. Before starting the work of filling up, the appellant, who was functioning as the Chief Secretary to State Government at the State Headquarters, had consulted several experts in the field including the Chief Engineer of the State Public Works Department (hereinafter referred to as PWD") who was actually brought to the site. The appellant filled 42.5 acres of waterlogged land with earth brought from distance. An amount of Rs.5,925/- was spent for filling up of every one cent of the water logged land. (b) From 01.01.1994 to 30.06.1996, the appellant was appointed as the first Vice-Chancellor of the University. On 18.12.1996, an FIR being Crime No.9 of 1996 was registered in the Vigilance Police Station, Ernakulam against the appellant and four other persons under Section 13(2) read with Section 13(1)(d) of the Pre....
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....rred Criminal Revision Petition No. 1606 of 2010 before the High Court of Kerala. By order dated 12.07.2010, the High Court dismissed the revision filed by the appellant herein. The said order is under challenge in this appeal. 4) Heard Mr. K.V. Viswanathan, learned senior counsel for the appellant and Mr. Jaideep Gupta, learned senior counsel for the respondents. 5) The only allegation on the appellant was that while functioning as the Vice-Chancellor of the University he was found guilty for filling of earth in the land acquired for the University in a most perfunctory and irregular manner with ulterior motive by not recording the measurements correctly, showing inflated figures of measurements in the records and thereby committed falsification of accounts and forgery, criminal breach of trust and cheated the Government by corrupt or illegal means and committed misconduct, obtained undue pecuniary advantage of Rs.2,68,358/-, and he being the first accused has committed offence punishable under Sections 13(1) (d) and 13(2) of the PC Act and Sections 409, 468, 477A and 120-B of IPC. 6) Mr. K.V. Viswanathan, learned senior counsel for the appellant, at the foremost, submitt....
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....lear that any act done in good faith is protected. The appellant, being Vice-Chancellor of the University, is one of the Officers of the University in terms of Section 23 of the Act. In that event, it is not in dispute that Section 50(2) is applicable to the appellant and in respect of any act done under the Act or Statutes or Ordinances or Regulations, no suit or prosecution or other proceeding be initiated against him without the previous sanction of the Syndicate. Inasmuch as sub-Section 2 used the word "shall", previous sanction of the Syndicate is a pre-condition or mandate before initiating either civil or criminal prosecution. To put it clear, as per Section 50(2) of the Act, no prosecution will lie against the appellant without the previous sanction of the Syndicate. It is important to note that the allegations against him related to actions which he had taken while he was discharging his duties as an Officer of the University, namely, the Vice-Chancellor of the University. A perusal of the FIR makes it clear that there was not even a whisper of an allegation or in the charge-sheet that the appellant had made any personal gain in the transaction. The allegation was only tha....
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....Commissioner & Special Judge, Kozhikode and CC No. 31 of 2005 of the Court of Enquiry Commissioner & Special Judge, Thrissur it is found that steps were taken by the University Centres at the earliest possible date and it was due to such speedy action that the University which was being contemplated for a very long time became a reality within such a short period of 1994-1996. As the former Vice-Chancellor had acted in good faith in the discharge of the functions imposed on him under the University Act, he is fully eligible for the protection of Section 50(3) of Sree Sankaracharya University of Sanskrit Act, 1994, which read as follows:- 50(3) "No Officer or other employee of the University shall be liable in respect of any such act in any civil or criminal proceedings if the act was done in good faith and in the course of the execution of the duties or in the discharge of the functions imposed by or under this Act." As the action taken by the former Vice-Chancellor was "in good faith" in all three cases, it is decided that prosecution shall be withdrawn in CC 21/2000 and CC No. 49/2000 of the Enquiry Commissioner & Special Judge, Kozhikode, and CC No. 31/2005 of the Enquiry ....