Kannur: Kannur University Syndicate member and Head of the Department of Physics Prof N K Deepak has been sentenced to a total of six years' rigorous imprisonment and fined ₹80,000 for criminal misconduct, forgery and using forged documents in connection with the alleged misappropriation of ₹6,930 in wages drawn in the name of a library assistant 18 years ago.

The Enquiry Commissioner and Special Court (Vigilance), Thalassery, on Thursday, September 17, found Prof Deepak (54) guilty on four counts under the Prevention of Corruption Act and the Indian Penal Code. Though the aggregate sentence is six years, he will have to serve only two years as the sentences would run concurrently.

Vigilance Special Judge K Ramakrishnan, however, suspended the sentence and the conviction and granted Prof Deepak bail to enable him to appeal against the verdict.

The case dates back to 2008, when Deepak was an assistant professor and serving as head in-charge of the Physics Department at Kannur University's Swami Anandatheertha Campus (SAT Campus) in Payyannur.

According to the prosecution case, Prof Deepak sought the Vice-Chancellor's permission on June 26, 2008, to appoint a Professional Assistant (in the department library) on a daily-wage basis. The university granted permission for the appointment.

The prosecution alleged that Prof Deepak forged the Chemistry Department's library assistant Vinod Kumar D's educational qualification certificate, added a false address to it and used the document to hoodwink the university into believing that Vinod Kumar had been appointed as a Professional Assistant in the Physics Department. He then allegedly forged Vinod Kumar's signature and drew ₹6,930 as his wages for August and September 2008, said Vigilance DySP Babu Peringeth, who filed the chargesheet.

The Vigilance court convicted him under four provisions. The court fined him ₹20,000 and sentenced him to one year's rigorous imprisonment under Section 13(1)(c) of the Prevention of Corruption Act, 1988, for criminal misconduct by fraudulently misappropriating funds.

Prof Deepak was fined another ₹20,000 and sentenced to another one year under Section 13(1)(d)(ii) of the PCA for abusing his position as a public servant.

He was also convicted under Section 468 of the IPC for forgery for cheating and sentenced to two years' rigorous imprisonment and fined ₹20,000.

He was fined another ₹20,000 and sentenced to two years under Section 471 of the IPC for using a forged document as genuine. If the fines are not paid, he will have to serve another year of rigorous imprisonment, ruled the judge.

Public Prosecutor Anoop K B appeared for the prosecution.

The case was registered by V Madusoodanan, then DySP of the Vigilance Kannur Unit. The investigation was conducted by DySPs V Madusoodanan and Babu Peringeth.

Prof Deepak told Onmanorama that he was framed in the case and he would be appealing against the verdict. He said he was an Assistant Professor in 2008 and was made in-charge of the Physics department as he was its only regular faculty member.

He said the university had permitted the department to appoint a Professional Assistant for its library on a daily wage of ₹250, and that Vinod Kumar D was recruited for the post.

Prof Deepak said he soon left for an orientation programme, following which a professor in the Department of Chemistry was given charge as Head of the Physics Department. He said the professor shifted Vinod Kumar to the Chemistry Department, where he continued to work for about three years.

After that, the university appointed one Surendran as a regular assistant in the Department of Chemistry, and subsequently, Vinod Kumar's service was terminated.

According to Prof Deepak, Surendran found out that Vinod Kumar had allegedly not been attending work regularly and that another person by the name Babu had been standing in for him while the salary was drawn in Vinod Kumar's name.

Prof Deepak said Surendran filed a vigilance complaint against the then Chemistry HoD for aiding the fraud.

He said the university soon suspended the Chemistry professor for six months, during which 50 per cent of his salary was withheld. "That money is still not given to him," Prof Deepak said.

Prof Deepak said that when the university later permitted Vigilance to prosecute the professor, the professor approached the High Court and got the FIR against him quashed. Prof Deepak said he was subsequently made an accused in the case.

He said an internal inquiry by the university Syndicate had found no wrongdoing on his part and that he had submitted the report before the court, but it was not accepted.

Prof Deepak also said the court had suspended not only his sentence but also his conviction to enable him to appeal. He said he would approach the High Court against the verdict. “I did not take the case seriously. That was my mistake. Now I will move the High Court,” he said.

Public Prosecutor Anoop K B appeared for the prosecution.
The case was registered by V Madusoodanan, then DySP of the Vigilance Kannur Unit. The investigation was conducted by DySPs V Madusoodanan and Babu Peringeth.