L.Palaniappan v. The Vice Chancellor

IN THE HIGH COURT OF JUDICATURE AT MADRAS

DATED : 07.02.2024

CORAM:

THE HONOURABLE MR. JUSTICE G.K.ILANTHIRAIYAN and W.M.P.Nos.34371 of 2023 and 1954 of 2024 L.Palaniappan ... Petitioner -Vs1. The Vice Chancellor, Annamalai University, Chidambaram, Cuddalore District.

2. The Registrar, Annamalai University, Chidambaram, Cuddalore District.

3. The Profession and Head (HOD), Department of Physics, Annamalai University, Chidambaram, Cuddalore District.

... Respondents Prayer : Writ Petition filed under Article 226 of Constitution of India praying for the issuance of a Writ of Certiorarified Mandamus, calling for the records pertaining to the order passed second respondent in University order No.602/2023(c) dated 30.10.2023 and quash the same, consequentially issue direction directing the second respondent to permit the petitioner to continue his service.

For Petitioner : Mr.R.Marudhachalamurthy For Respondents : Mr.S.Sithirai Anandam Standing Counsel

ORDER

This Writ Petition has been filed calling for the records pertaining to the order passed by the second respondent in University order No.602/2023(c) dated 30.10.2023 and to quash the same and consequentially to issue direction directing the second respondent to permit the petitioner to continue his service.

2. Heard the learned counsel on either side and perused the materials available on record.

3. This Court, by an order dated 12.12.2023, considered the submissions made by the petitioner and granted an interim stay of the suspension order. In order to comply with the interim order, the petitioner has been reinstated into service as Professor. Subsequently, the petitioner was also transferred and posted to work in the Directorate of Distance Education Learner Support Centre at Tirunelveli. Accordingly, the petitioner had joined and he is working.

4. In view of the above, the impugned order cannot be sustained as against the petitioner and it is liable to be quashed. Accordingly, the order passed by the second respondent, in University order No.602/2023(c) dated 30.10.2023, is hereby quashed.

5. In the result, this writ petition is allowed. Consequently, connected Miscellaneous petitions are closed. There shall be no order as to costs. 07.02.2024 Internet: Yes Index : Yes/No Speaking/Non Speaking order mn

G.K.ILANTHIRAIYAN. J, mn To

1. The Vice Chancellor, Annamalai University, Chidambaram, Cuddalore District.

2. The Registrar, Annamalai University, Chidambaram, Cuddalore District.

3. The Profession and Head (HOD), Department of Physics, Annamalai University, Chidambaram, Cuddalore District.

07.02.2024