Dr. A. Amuldoss v. The Thiruvalluvar University

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED: 22.09.2017

CORAM

THE HONOURABLE MR.JUSTICE S.M.SUBRAMANIAM W.P.No.25500 of 2017 Dr. A. Amuldoss

...Petitioner

vs Thiruvalluvar University rep.by its Registrar, Serkadu 632 115 Vellore District.

...Respondent

PRAYER:

Writ Petition filed under Article 226 of Constitution of India, to issue a Writ of Mandamus directing the respondent to review and revoke the suspension order in Ref.No.TVU/VC/DPE - Suspension/2017/7349 dated 30.03.2017 and permit him to join duty pending framing of charges based on the petitioner's representation dated 30.08.2017 within time frame. For Petitioner :

Mr. S. Sathiachandran For Respondent :

Mr. M.C. Swamy

O R D E R

The writ petitioner was placed under suspension by the proceedings dated 30.03.2017, on account of contemplation of charges. The disciplinary proceedings against the writ petitioner was initiated in accordance with the discipline and appeal rules.

2.

The learned counsel appearing for the writ petitioner made a submission that though the writ petitioner was placed under suspension in proceedings dated 30.03.2017, till today,

the order of suspension has not been reviewed even after completion of six months.

3.

No doubt, earlier disposal the disciplinary proceedings are preferable and the disciplinary authorities, on initiation of disciplinary proceedings, has to proceed with the same in accordance with rules, without causing much delay. In certain circumstances the conclusion of disciplinary proceedings may cause some delay. However, it is for the authority to sort out the same and dispose of the disciplinary proceedings as early as possible and in the event of delay, the same would causes prejudice to the delinquent.

4.

This Court is of the opinion that once disciplinary proceedings are initiated against the employee, then the disciplinary authorities must be vigilant and may conclude the same as early as possible. In the case on hand the order of suspension was issued on 30.03.2017 and the same has not been reviewed even after completion of six months 5.

Thus, without going into the merits of the matter the respondents are directed to consider the representation submitted by the writ petitioner on 30.08.2017 in accordance with law, within a period of eight weeks from the date of receipt of a copy of this order.

6.

Accordingly, the writ petition stands disposed of. However, there shall be no order as to costs. Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar rpl

To The Registrar, Thiruvalluvar University Serkadu 632 115 Vellore District.

+1cc to Mr. S. Sathiachandran, Advocate, S.R.No.70512 W.P.No.25500 of 2017 AR V(CO) PSI 28/10/2017