Dr.Sasmita Dash v. Annamalai University

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 30.04.2024 CORAM :

THE HON'BLE MR.JUSTICE D.BHARATHA CHAKRAVARTHY and W.M.P.Nos.13645 and 13646 of 2024 Dr.Sasmita Dash .. Petitioner

Versus

Annamalai University, Rep. by its Registrar, Annamalai Nagar, Chidambaram - 608 002.

.. Respondent Prayer : Writ Petition filed under Article 226 of the Constitution of India, pleased to issue a Writ of Certiorari, quash the Office Memorandum of the respondent, dated 19.03.2024 bearing No.C-2/78535/2024 as illegal, arbitrary and contrary to law insofar as advising the petitioner to maintain cordiality in the Department and in the campus, failing which, further action will be initiated.

For Petitioner : Mr.Balan Haridas For Respondent : Mr.S.Sithirai Anandam

ORDER

This Writ Petition is filed challenging the impugned order, dated 19.03.2024. The impugned order reads as follows :- 1/4

"

Dr. Sasmita Dash, Professor, Department of Chemistry is informed that based on the report of the enquiry committee, the further action for the disciplinary proceeding in respect of the Charge memo No.CC2/03219/2021 dated 14.12.2021 has been abandoned. Further she is strongly advised to maintain cordiality in the department and in the campus failing which further action will be initiated."

2. Mr.Balan Haridas, learned Counsel for the petitioner would submit that when the charge has been abandoned, the further comment made in paragraph No.2 of the impugned order causes stigma on the petitioner and it ought not to have been made.

3. When the matter came up for admission today, Mr.S.Sithirai Anandam, learned Counsel, taking notice for the respondent University, on instructions, would submit that what is stated in the paragraph No.2 is neither a warning nor a censure amounting to any punishment nor the same will be taken into account as against the petitioner as any adverse remark on her service. It was only an observation made by a Superior Officer while passing the order.

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4. Recording the above submission made by the learned Counsel for the respondent that the impugned order does not visit the petitioner with any civil consequence and since it is expressly admitted that it will not amount to any warning or admonition, this Writ Petition is disposed of. There shall be no order as to costs. Consequently, connected miscellaneous petitions are closed.

30.04.2024 Index : yes Speaking order : no grs To The Registrar, Annamalai University, Annamalai Nagar, Chidambaram - 608 002.

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D.BHARATHA CHAKRAVARTHY, J.

grs and W.M.P.Nos.13645 and 13646 of 2024 30.04.2024 4/4