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Madras High CourtWP/30584/2017disposed of

Dr.J.Venkatesh, v. The Registrar,

2021-11-15Honourable Mr Justice Krishnan Ramasamy6 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED 15.11.2021

CORAM

THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.No.30584 of 2017 and W.M.P.Nos.33497 & 33498 of 2017 Dr.Venkatesh

...Petitioner

..Vs..

1. The Registrar, Anna University, Chennai - 600 025.

2. The Director, Centre for Research, Anna University, Sardar Patel Road, Chennai - 600 025.

3. The Additional Director, Centre for Constituent Colleges, Anna University, Sardar Patel Road, Chennai - 600 025.

4. The Dean, Anna University Regional Campus Coimbatore, Navavoor, Coimbatore - 641 946.

5. The Superintendent of Police, Coimbatore District, Coimbatore.

6. The Inspector of Police, Vadavalli Police Station, Coimbatore.

7. T.K.Kirubaharan

8. Dr.M.Saravanakumar

9. Dr.P.Vikkraman 10.Dr.S.Chandrakumarmangalam

...Respondents

PRAYER : Petition filed Under Article 226 of the Constitution of India praying to issue a Writ of Mandamus, directing the respondents 1 to 4 to take disciplinary action as well as criminal action against the 7th respondent based on the representations dated 06.02.2017, 07.02.2017 and 03.10.2017 made by the petitioner for the illegal acts and criminal acts committed by the 7th respondent inside the Anna University Regional Campus, Coimbatore.

For Petitioner : M/s.N.Kavitha Rameshwar For Respondents : Mr.L.P.Shanmughasundaram for R1 to R4 Mr.V.Nanmaran Additional Government Pleader for R5 & R6 Mr.M.Gnanasekar for R7 Mr.P.S.Amal Raj for R8 to R10

O R D E R

This Writ Petition has been filed, praying for the issuance of a Writ of Mandamus, to direct the respondents 1 to 4 to take disciplinary action as well as criminal action against the 7th respondent based on the representations dated 06.02.2017, 07.02.2017 and 03.10.2017 made by the petitioner for the illegal acts and criminal acts committed by the 7th respondent inside the Anna University Regional Campus, Coimbatore.

2. According to the petitioner, he is working as an Associate Professor in the Department of Management Studies, Anna University Regional Campus, Coimbatore and the 8th respondent who is junior to him, has been appointed as Dean incharge of the Anna University Regional Campus, Coimbatore and he used to interfere with the duties of all the staff including the petitioner and initiate enquiries against the petitioner. While so, one T.K.Kirubharan, 7th respondent herein, joined as a Research Scholar under the guidance of the petitioner and was pursuing Ph.D. in Management Studies. Despite extension of time also, the 7th respondent has not completed his Ph.D. within the time frame, i.e. in 4 to 6 years as envisaged under the Rules concerned and he had resigned from the post of Assistant Professor without informing to the petitioner.

3. Be that as it may, the petitioner was shocked to receive a letter dated 02.11.2016 from the 7th respondent, wherein, unsubstantiated allegations were made against him, alleging that the petitioner had received an illegal gratification to the tune

of Rs.10 lakhs from him. Aggrieved by the same, the petitioner lodged a complaint before the 6th respondent police against the 7th respondent for taking appropriate action against him. Later, on 22.11.2016, 23.11.2016 and 02.02.2017, the 7th respondent came to the University campus with unknown persons and started shouting at the petitioner with derogatory words and called the petitioner to come out from the Class and when the petitioner refused, 7th respondent and his men tried to intimidate him and used abusive and unparliamentary words with a deliberate motive to defame the petitioner in front of the students and he also made phone calls threatening him with dire consequences.

The petitioner once again approached the 6th respondent police station and lodged a complaint against the 7th respondent, where, the police conducted a formal enquiry by calling 7th respondent and advised the petitioner that the complaint can be processed by the Head of the Institution either the Dean of the Campus or the Registrar of the University and the same would be taken and action would be taken. The grievance of the petitioner is that he is not in a position to work in a safe atmosphere in the University Campus due to the above events and there is threat to his life. The petitioner also made a representation dated 06.02.

2017 to the 4th respondent seeking the CCTV footages and a copy of the Entry Register maintained by the Security Personnel to collect the material to prove that the 7th respondent along with his men entered the campus and acted in high handed manner towards the petitioner. The grievance of the petitioner is that he made several representations to the respondents 1 to 4, seeking to take disciplinary and criminal action against the 7th respondent, but there was no action forthcoming from them. Hence, the petitioner is constrained to approach this Court by way of present Writ Petition.

4. A counter affidavit has been filed on behalf of the respondents 8 to 10, stating that there were various complaints made against the petitioner herein by the 7th respondent and taking note of the same, the Director Dr.R.Jayavel has nominated the 10th respondent as Supervisor in the place of the petitioner. However, the petitioner had mistaken that it was done at the instigation of the respondents 8 to 10. It is also stated that on 19.10.2016, the faculty members of the Department of Management Studies made a representation alleging that in respect of RTI matter, the petitioner made individual and public intimidations in front of corridor during class hours and expressed his anger in an uncivilized and threatening manner, creating stress and tension among faculty members and based on this representation, a formal enquiry had been initiated against the petitioner. The respondents 9 and 10 also sent their confidential reports as against the petitioner about his behavior, disobedience and attitude of insubordination. Further, one Ravi, Associate Professor had a written complaint on

23.12.2016 against the petitioner, stating that he joined as Research Scholar Ph.D. with the petitioner and he paid a sum of Rs.2,30,000/- on various counts and failed to repay the same. In pursuance of various complaints received, a grievance committee was constituted and the petitioner was called to appear before the Committee and the Committee resolved to continue the enquiry after receiving reply from the petitioner. It is also stated that the petitioner has not come up with clean hands before this Court. With these averments, the respondents 8 to 10 sought for dismissal of the Writ Petition.

5. A counter affidavit has also been filed on behalf of the respondents 1 to 4, wherein, while denying the averments and allegations contained in the affidavit filed by the petitioner in support of the Writ Petition, it is stated that the petitioner made complaints against the respondents 7 to 10 and the University had appointed a Committee to probe into the complaints made by the petitioner in respect of his Research Scholar, 7th respondent and the Committee would submit its findings shortly. It is also stated that the 1st respondent forwarded all other grievances of the petitioner to the Grievance Cell and necessary steps are being taken to ensure to address the grievances of the petitioner.

6. Heard the learned counsel for the petitioner and the learned Addl. Government Pleader for respondents 5 & 6, learned counsel for respondent 7 and the learned counsel for respondents 8 to 10 and perused the entire materials available on record.

7. On a perusal of the entire materials available on record and on consideration of the submissions made by the learned counsel for the parties, this Court finds that there was a dispute between the petitioner and the 7th respondent and both of them made complaints against each other. The petitioner lodged the complaints before the police and also before the respondents 1 to 4 against the 7th respondent, while the 7th respondent also made a complaint against the petitioner before the respondents 1 to 4. Apart from the 7th respondent, there are complaints against the petitioner from the respondents 8 to 10.

According to the respondents 1 to 4, the University had constituted a Committee to probe into the complaints made by the petitioner in respect of his Research Scholar, 7th respondent herein and the Committee is also going to submit its findings shortly after the enquiry. Further, the 1st respondent also forwarded all other grievances of the petitioner to the Grievance Cell to consider and address the grievances of the petitioner. Therefore, the respondents 1 to 4 have taken sufficient initiative to probe into the complaints made by the petitioner and further the University also constituted a Committee in this regard.

considered by the Committee and as such, no separate orders are necessary.

8. Therefore, this Court feels it appropriate to direct the respondents 1 to 4 to consider the representations made by the petitioner along with Committee Report.

9. Accordingly, the respondents 1 to 4 are directed to await the Committee's Report and after receipt of the Committee's Report, dispose of the petitioner's representation based upon the Committee Report and decide as to whether the sanction for prosecution to be given to the petitioner or not to the 5th and 6th respondents Police.

10. With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected WMPs are closed. Sd/- Assistant Registrar(CS VII) //True Copy// Sub Assistant Registrar Pns To

1. The Registrar, Anna University, Chennai - 600 025.

2. The Director, Centre for Research, Anna University, Sardar Patel Road, Chennai - 600 025.

3. The Additional Director, Centre for Constituent Colleges, Anna University,Sardar Patel Road, Chennai - 600 025.

4. The Dean, Anna University Regional Campus Coimbatore, Navavoor, Coimbatore - 641 946.

5. The Superintendent of Police, Coimbatore District, Coimbatore.

6. The Inspector of Police, Vadavalli Police Station, Coimbatore.

7. The Public Prosecutor High Court, Madras.

+1cc to Mr.M.Gnanasekar, Advocate, S.R.No.58754 +1cc to the Government Pleader, S.R.No.58999 +1cc to M/s.N.Kavitha Rameshwar, Advocate, S.R.No.58743 +1cc to M/s.P.S.Amalraj, Advocate, S.R.No.58612 W.P.No.30584 of 2017 and W.M.P.Nos.33497 & 33498 of 2017 PMK(CO) RGA(07/12/2021)