Dr.C.Kumar Charlie Paul v. Anna University
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED :13.06.2019
CORAM
THE HONOURABLE Mr. JUSTICE V.PARTHIBAN W.P.No.15729 of 2019 and W.M.P.Nos.15578 & 15579 of 2019 Dr.C.Kumar Charlie Paul ... Petitioner Vs.
1.Anna University, Rep. By its Registrar, Chennai - 600 025.
2.The Controller of Examinations, Anna University, Chennai - 600 025.
3.Dr.Muthan H.O.D. - Electronics & Communication Dept., Anna University & Chairman of Enquiry Committee Chennai - 600 025.
... Respondents Prayer: Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorari calling for the records of the 1st respondent pertaining to letter No.4111/COE/MP/2019 dated 30.03.2019 and letter No.247/CAI/AU/2019 dated 03.04.2019, and quash the same. For Petitioner: M/s.P.Wilson Associates For Respondents : Mr.M.Vijayakumar
ORDER
The case of the petitioner is that he has completed B.E. Electronics and Communication Engineering from Karunya Institute of Technology, Bharathiyar University and subsequently, has completed M.E. Electronics and Communication Engineering from Government College of Technology, Coimbatore and thereafter obtained a Ph.D. in Magath University, Patna, Bihar. He was appointed as Lecturer of Karunya Institute of Technology on 26.06.1991 and after due promotion to the higher post, he was eventually appointed as Professor in the year 2004. The petitioner was appointed as Principal of Francis Xavier Engineering College and also Principal of PSN College of
Engineering and Technology, A S L Pauls College of Engineering and Technology, Indus College of Engineering and finally Indira Gandhi College of Engineering and Technology for Women in the year 2017.
2.According to the petitioner, his past record from 1991 and till date has been without any blemish and no disciplinary proceeding has been initiated against him for all these years. The petitioner, who enjoyed clean record of service, was appointed as a Chief Superintendent for the University examinations conducted in 2018 at Indira Gandhi College of Engineering and Technology for Women in which the petitioner was working as Principal. The University examinations were held over for a period of 40 days and about 100 Assistant Professors were appointed as Supervisors. Some of them were working in Indira Gandhi College of Engineering and Technology and many of them were external Supervisors. According to the petitioner, the examinations were conducted peacefully without any complaints. 3.While so, on 05.02.
2019 the petitioner received a communication from the Controller of Examinations, Anna University requesting him to attend an enquiry on 09.02.2019. In the letter asking him to attend an enquiry, no reasons were stated explaining the purpose of the enquiry except stating that there were some lapses and irregularities in the conduct of the University Examinations held during November - December, 2018. The petitioner in response to the direction attended the enquiry and the Committee comprising of three members informed the petitioner that some students were caught copying in the examinations.
The petitioner enquired as to the basis of the irregularities pointed out by the Committee and sought some time to submit his written explanation in order to explain his position as Superintendent vis-a-vis, the conduct of the examination during November-December, 2018. Thereafter, he submitted his explanation on 13.02.2019.
4.The petitioner, after this, was once again summoned for enquiry on 15.03.2019 before the second respondent/Controller of Examinations. On 15.03.2019 when the petitioner attended the enquiry, he requested to furnish any statement of charges against him, so that he could file a detailed reply. Unfortunately, no such statement has been given to the petitioner nor any written charges were framed against him. 5.According to the petitioner, the third respondent who has been inimical towards the petitioner during their professional relationship was using the opportunity to victimise the petitioner and hence, the Committee had conducted the enquiry in a partisan manner without following the principles of natural justice. According to the petitioner, no proper opportunity was
given to the petitioner during the course of enquiry conducted by the Committee and the petitioner was all along kept in the dark.
6.Finally by communication dated 30.03.2019 the petitioner was informed that he was barred from in any of the academic activities of the Anna University in future and the communication was received by the petitioner on 04.04.2019. The first respondent has also written to all the Principals and Chairmen of the affiliated Colleges stating that the petitioner has been debarred in the involvement of all academic activities of the Anna University. The proceeding has also been uploaded in the website of the University. The petitioner being shocked at the sudden development, was at a loss to understand as to the basis of such extreme action taken against him by the respondents.
7.In the above circumstances, the petitioner filed an appeal on 11.05.2019 to the Vice Chancellor of the first respondent/University setting out his grievances and the manner in which he was debarred in participation in any of the activities in the Anna University. Although a detailed appeal was submitted through the Registrar, Anna University on 11.05.2019, there was no action forthcoming and therefore, the petitioner is before this Court challenging the order of debarment dated 30.03.2019 on various grounds including violation of the established principles of natural justice. 8.The learned counsel appearing for the petitioner would inter alia contend that the petitioner was denied reasonable opportunity of being heard before the impugned order came to be passed against him.
According to the learned counsel for the petitioner, the petitioner has exemplary record and his service has been unblemished throughout. Unfortunately, at the behest of vested interest, the petitioner is sought to be punished unjustly and illegally. He would therefore request the Court to intervene in the matter in order to protect the interest of the petitioner's right to be heard properly and fairly. 9.On behalf of the respondent University, Mr.M.Vijayakumar, learned counsel appeared. This Court, while taking up the matter for admission, felt that before being appraised of the controversies as raised in the writ petition, it would be better that the petitioner herein having chosen to file a detailed appeal to the Vice Chancellor of the first respondent University on 11.05.
2019, the appeal ought to be directed to be disposed of in the interest of all stakeholders concerned. 10.
appreciate the grievance of the petitioner and also the irregularities that prompted the University to initiate action against the petitioner and others. After all, the University which deals with their staff and monitors their activities on a day to day basis can have better appreciation of the grievances of its staff vis-a-vis the action taken against them. 11.In the above circumstances, without expressing any opinion on the grounds and the issues raised in the writ petition, the Writ Petition is disposed of, at the admission stage itself, with the following direction:
(i) The first respondent University represented by the learned Vice Chancellor is directed to dispose of the representation of the petitioner dated 11.05.2019 on merits and in accordance with law within a period of four weeks from the date of receipt of a copy of this order.
(ii) The first respondent is also directed to provide an opportunity of personal hearing to the petitioner before passing any final orders as indicated above.
No costs. Consequently, connected Miscellaneous Petitions are closed.
Sd/- Assistant Registrar(CS V) //True Copy// Sub Assistant Registrar Sgl To 1.The Registrar, Anna University, Chennai - 600 025.
2.The Controller of Examinations, Anna University, Chennai - 600 025.
+1cc to Mr.M.Vijayakumar, Advocate sr.48155 +1cc to M/s.P.Wilson Associates, Advocate sr.47936 W.P.No.15729 of 2019 rv(co) nr 13/08/2019