N.Balasubramaniam, v. The Principal,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 04.07.2018
CORAM
THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM WRIT PETITION Nos.20003 and 20004 of 2013 and M.P.Nos. 2 and 2 of 2013 N.Balasubramaniam
...Petitioner in W.P.No.20003 of 2013
Karumuri Subbarayadu ...Petitioner in W.P.No.20004 of 2013 Vs.
1.The Principal, Pondicherry Engineering College, Puducherry - 605 014.
2. The Director of Higher and Technical Education-cum-Member Secretary, Engineering College (Pondicherry) Society, PIPMATE Building Lawspet, Puducherry - 605 008.
3. The Chairman, Engineering College (Pondicherry) Society, Pondicherry Engineering College, Pillaichavadi, Puducherry - 605 014.
4. The Secretary to Government of Puducherry (Education)-cum-Vice-Chairman Engineering College (Pondicherry) Society, Chief Secretariat, Puducherry - 605 001.
...Respondents in both WPs
Common Prayer: The writ petition filed under Article 226 of the Constitution of India, to issue a writ of Certiorari, calling for the records relating to Order No PEC/Estt/E1 & E12(T)/ suspension/ME&CE/2012/415 & 414 respectively both dated 05.02.2013 and Order No PEC/Estt/E1 & E12(T)/ suspension/ME&CE/2013/1181 & 1182 respectively both dated 09.04.2013 and order No.PEC/Estt/E1 & E12(T)/ suspension/ME&CE/2013/2232 & 2233 dated 09.07.2013 issued by the 2nd respondent (by order of the 4th respondent), and quash the same.
For Petitioner : Mr.Sai Srujan Tayi(in both W.Ps) For Respondents : Mr.A.Gandhi Raj Government Pleader (Puducherry) Assisted by Mr.V.Balamurgan for R4 No Appearance for R1 to R3 (in both W.Ps) .........
C O M M O N O R D E R The impugned orders issued by the Director of Higher & Technical Education - Cum - Member Secretary, Puducherry, is an order of suspension extending the period of suspension are under challenge in this writ petition.
2.The writ petitioners, who were employed as Associate Professor and Professor in the Mechanical Engineering Department, were placed under suspension on account of the initiation of departmental disciplinary proceedings as well as on registration of a criminal case against the writ petitioners. The impugned orders state that the period of suspension was extended for a further period of 90 days from 11.07.2013 to 08.10.2013 & 12.04.2013 to 10.07.2013. Thus, the extended period had already been lapsed. In respect of regulating the period of suspension, the same is to be done only after the conclusion of the departmental disciplinary proceedings and also, the criminal case registered against the writ petitioners. After the extended period, the petitioners were reinstated in service and now working and facing the criminal case as well as the departmental disciplinary proceedings.
3.This being the factum of the case, no further adjudication is required in the present writ petitions. Accordingly, the writ petitions stand closed. However, there shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.
Sd/- Assistant Registrar(CCC) //True Copy// Sub Assistant Registrar
To 1.The Principal, Pondicherry Engineering College, Puducherry - 605 014.
2. The Director of Higher and Technical Education-cum-Member Secretary, Engineering College (Pondicherry) Society, PIPMATE Building Lawspet, Puducherry - 605 008.
3. The Chairman, Engineering College (Pondicherry) Society, Pondicherry Engineering College, Pillaichavadi, Puducherry - 605 014.
4. The Secretary to Government of Puducherry (Education)-cum-Vice-Chairman Engineering College (Pondicherry) Society, Chief Secretariat, Puducherry - 605 001.
+2cc to M.s.Giridhar & Sai, Advocate sr.no.43275,43276 +1cc to Government Pleader sr.no.43084 W.P.Nos.20003 and 20004 of 2013 and M.P.Nos.2 and 2 of 2013 nr 18/07/2018