Dr.M.Saravana Kumar v. The Vice Hancellore

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED :30.09.2019

CORAM

THE HON'BLE MR.JUSTICE M.DHANDAPANI W.P.No.28727 of 2019 and W.M.P.Nos.28479 & 28480 of 2019 Dr.M.Saravana Kumar .. Petitioner Vs.

1.The Vice Chancellor, Anna University, Chennai - 600 025.

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

3.The Dean, Anna University regional campus, Coimbatore - 641 046.

4.Dr.S.Muttan, Professor & Dean, Department of ECE, Regional Campus, Coimbatore - 641 016.

.. Respondents Prayer: Writ Petition filed under Article 226 of the Constitution of India praying to issue a Writ of Certiorarified Mandamus, to call for the records relating to the impugned proceedings in its letter No.194/AU/CCC/C1/Misc/2019-20 dated 06.09.2019 by the 2nd Respondent and to quash the same and consequently direct the 2nd Respondent to form fresh committee comprising members of moral values and ethics. For Petitioner : Mr.M.Velmurugan For Respondents : Mr.L.P.Shanmugasundaram

O R D E R

This Writ Petition is filed challenging the impugned order of the second respondent dated 06.09.2019 bearing No.194/AU/CCC/C1/Misc/2019-20 and to direct the second respondent to form a fresh committee comprising members of moral values and ethics.

2.By consent of both sides, this Writ Petition is taken up for final disposal at the admission stage itself.

3.The case of the petitioner is that the petitioner is a post graduate in MBA from Madurai Kamaraj University and now presently designated as Associate Professor in the third respondent University. For certain allegations made against the petitioner while he was in service, the second respondent constituted a committee on 06.09.2019 to enquire into the allegations against the petitioner, who is the Former Dean i/c, Regional Campus Coimbatore. The allegations made against the petitioner are as follows:

(i) Cutting of small trees & removal of bushes. (ii) Unauthorizedly allowing Private contractor to run a canteen & Xerox shop with free electricity charges. (iii) Large scale corruption involved while shifting from the old campus (Jothipuram) to new campus (Navavoor). 3(a)Accordingly, the second respondent nominated Dr.S.Muttan, Professor & Head, Department of ECE, CEG Campus, Anna University and Dr.K.Ravichandran, Professor & Dean, Regional Campus, Coimbatore on 06.09.2019 to enquire into the allegations made against the petitioner. Hence, the petitioner has come out with the present Writ Petition.

4.The learned counsel for the petitioner would submit that the petitioner has no grievance for constitution of committee and he is ready to face the enquiry. Due to some personal dispute between petitioner and Dr.S.Muttan, petitioner made a representation to the second respondent on 20.09.2019, to consider the impugned order of the second respondent appointing Dr.S.Muttan as the Chairman of the committee. However, till date the representation of the petitioner was not considered. The learned counsel for the petitioner would further submit that it would be suffice to issue direction to the second respondent to consider the representation of the petitioner dated 20.09.2019 and pass orders on the same.

5.Considering the facts and circumstances of the case and the limited request made by the learned counsel for the petitioner, this Court will not interfere with the impugned order passed by the second respondent. However, I am inclined to issue direction to the second respondent to consider the representation of the petitioner dated 20.09.2019 and pass appropriate orders on merits and in accordance with law, within a period of two weeks from the date of receipt of a copy of this order. Thereafter, the second respondent shall proceed with the enquiry.

6.With the above direction, the Writ Petition is disposed of. No costs. Consequently, connected Miscellaneous Petitions are closed.

-s/dAssistant Registrar(IV) True Copy Sub-Assistant Registrar krk To 1.The Vice Chancellor, Anna University, Chennai - 600 025.

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

3.The Dean, Anna University regional campus, Coimbatore - 641 046.

4.Dr.S.Muttan, Professor & Dean, Department of ECE, Regional Campus, Coimbatore - 641 016.

+1 cc to Mr.M.Velmurugan Advocate sr11284 +1 cc to Mr.L.P.Shanmugasundaram Advocate sr83821 W.P.No.28727 of 2019 ak(co) aa1/10/2019