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Madras High CourtWP/36648/2025disposed of

Dr.P.Arumugam v. The Governing Council

2025-09-24Honourable Mr Justice A.D.Jagadish Chandira8 pages

IN THE HIGH COURT OF JUDICATURE AT MADRAS

Dated : 24.09.2025

CORAM

THE HONOURABLE Mr. JUSTICE A.D. JAGADISH CHANDIRA Dr. P.Arumugam

...Petitioner

Vs.

The Governing Council Rep. by the Secretary / Registrar, The Tamil Nadu Dr.M.G.R. University, No.69, Annasalai, Guindy, Chennai.

...Respondent

Prayer: Petition is filed under Article 226 of the Constitution of India, seeking Writ of Mandamus, directing the respondent to consider and dispose of the appeal dated 27.02.2025 preferred by the petitioner within a time frame to be fixed by this Court. 1/8

For Petitioner :

Mr. V.Vijayashankar For Respondent :

Mr. M.Bindran Additional Government Pleader

ORDER

The Writ Petition is filed for the relief of a Mandamus, directing the respondent to consider and dispose of the appeal dated 27.02.2025 preferred by the petitioner within a time frame to be fixed by this Court.

2. It is the case of the petitioner that he has completed his MBBS in the year 1991and completed his MD (Pathology) in the year 1999 at JIPMER, Puducherry. The petitioner worked as a Lecturer / Reader at Annamalai University during the years 2000 to 2005. Later, he started working as an Associate Professor at SRM and Chettinad Medical College. It is the further case of the petitioner that he joined the Dr.MGR University as a Reader on 22.05.2008. In the month of 2/8

August, 2008, the petitioner was promoted as a Professor and posted as the Head of Department in the Department of Transfusion, Medicine.

3. The petitioner would submit that during various spells, he was serving in several posts, namely, Registrar in charge, Registrar and Controller of Examinations and Academic Office. While so, in the month of June 2024, some service candidates undergoing MD Immuno Haematology and Blood Transfusion Course gave a complaint of sexual harassment against the petitioner. The petitioner would submit that the said complaint is a false one and there were no overt or covert actions of sexual harassment from the side of the petitioner.

4. In the month of July 2025, the Vice Chancellor of the respondent University referred the matter for enquiry to the Internal Complaints Committee (ICC). The petitioner appeared before the committee and gave his explanations stating that the alleged complaint of sexual harassment was without any basis. However, the ICC submitted a report holding that the allegations against the petitioner 3/8

were proved.

5. Aggrieved by the findings of the ICC, the petitioner preferred an appeal under Section 18 of the Sexual Harassment of Women at Workplace (Prevention, Prohibition and Redressal) Act, 2013, before the Principal Labour Court, Chennai in SOA.No.2 of 2025. The said appeal is pending hearing.

6. The petitioner would submit that without waiting for the hearing and disposal of the said appeal, the Vice Chancellor of the respondent University issued a show cause notice on 08.01.2025 to the petitioner and subsequently, passed an order on 25.02.2025 withholding annual increments for 2 years with effect from 01.07.2025 and 01.07.2026 without cumulative effect.

7. Aggrieved by the said order, the petitioner preferred an appeal before the Governing Council on 27.02.2025. However, there is no progress in the appeal filed by the petitioner. Therefore, seeking a 4/8

direction to the respondent to dispose of his appeal, the petitioner is before this Court.

8. Heard the learned counsels on the either side and perused the records.

9. From the records, it is seen that earlier the petitioner has preferred an appeal against the report submitted by the ICC. However, without waiting for hearing and disposal of the said appeal, the Vice Chancellor of the respondent University passed an order withholding the petitioner's annual increments for 2 years. Challenging the said order, the petitioner has preferred an appeal to the Governing Council and the same is yet to be disposed of.

10.Considering the fact that the respondent University has passed an order pending the appeal in SOA.No.2 of 2025 and also the fact that the subsequent appeal, i.e., appeal to the Governing Council dated 27.02.2025 has not been considered till date, the respondent is directed 5/8

to dispose of the appeal dated 27.02.2025, within a period of 8 weeks from the date of receipt of a copy of this order.

11. With the above direction, the Writ Petition is disposed of. No costs.

24.09.2025 Index : Yes/No Internet : Yes/No kan Note:

Issue order copy by 26.09.2025.

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To The Governing Council Rep. by the Secretary / Registrar, The Tamil Nadu Dr.M.G.R. University, No.69, Annasalai, Guindy, Chennai.

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A. D. JAGADISH CHANDIRA, J.

kan 24.09.2025 8/8