Dr. G. Kumar v. The State Of Tamilnadu,
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 09.12.2025
CORAM
THE HONOURABLE MR.JUSTICE M.DHANDAPANI W.P. No.
43483 of 2025 and W.M.P. No.48648 of 2025 Dr.G.Kumar S/o.Gothandapani, No.276, Indira Nagar, Pallineliyanur(po), Villupuram605 107 Petitioner(s) Vs 1.The State of Tamilnadu, Rep By its Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai-09 2.The Commissioner of Collegiate Education, Directorate of Collegiate Education, Saidapet, Chennai-15.
3.The Syndicate of Annamalai University, Rep By its Vice Chancellor, Annamalai University, Annamalai Nagar, 1/8
4.The Registrar, Annamalai University, Annamalai Nagar, 5.The Principal, Thiru.A.Govindasamy Government Arts College, Tindivanam, Villupuram District.
Respondent(s) PRAYER: Writ Petition filed under Article 226 of the Constitution of India, praying to issue a Writ of Certiorarified Mandamus calling for the records on the file of the respondents relating to the (1) order dated 08.02.2025 of the 2nd respondent in RC.No.TNDCE/1026/2025-D4 and (2) order dated 06.10.2025 of the 4th respondent in University Order No.565/2025(C) and to quash the same and to consequently direct the respondents to reinstate the petitioner into service with backwages and all consequential benefits. For Petitioner(s) : Mr.T.Sai Krishnan For Respondents 1 & 2 : Mr.M.R.Gokul Krishnan Additional Government Pleader For Respondents 3 to 5 : Mr.S.Venkatesh for M/s.Ajmal Associates
ORDER
nd and the The present writ petition is filed challenging the orders of the 2 th respondents dated 08.02.2025 and 06.10.2025 respectively and to consequently direct the respondents to reinstate the petitioner into service with backwages and all consequential benefits.
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2. The petitioner was appointed as a Lecturer in Economics in the Department of Economics, Annamalai University vide Appointment Order No.48/2007 dated 09.01.2007. The petitioner joined the service on 18.01.2007 and was deputed as Assistant Professor in Arignar Anna Government Arts College for Men, Namakkal, vide order dated 29.01.2016 passed by the Director of Collegiate Education for a period of three years on account of surplus vacancy th in the Annamalai University. Thereafter, the petitioner was transferred to the 5 respondent College on 18.05.2017. While so, it is stated that on 07.02.2025 based nd year B.Com. Student studying in the College, on a false complaint given by a 2 a case was registered against the petitioner in Cr.No.
3 of 2025 for offences under Section 11(4) & 12 of POCSO Act, Section 4 of TNPHW Act & Section 78(2) of BNS, 2023. Thereafter, the petitioner was arrested and remanded to judicial th respondent custody for 27 days and was suspended from service in the 5 nd respondent. The petitioner College vide order dated 08.02.2025 passed by the 2 was thereafter granted bail by an order dated 06.03.2025 in Crl.M.P.No.279 of 2025. The Law Enforcing Agency filed a charge sheet in Spl.S.C.No.
against the petitioner on 06.05.2025. The petitioner submitted a representation on th respondent requesting to reinstate the petitioner, however, 04.07.2025 to the 4 th respondent issued an order of dismissal the same has not been considered. The 4 on 06.10.2025. Challenging the orders of suspension and dismissal, the petitioner has filed the present writ petition.
3. The learned counsel for the petitioner would submit that immediately after the petitioner's arrest, the respondents placed the petitioner under suspension vide order dated 08.02.2025, without conducting any enquiry. It is further submitted by the learned counsel for the petitioner that a formal order of suspension was passed on 17.06.2025. Further, he would submit that the order of dismissal was passed on 06.10.2025 without conducting any enquiry or providing any opportunity of hearing to the petitioner, which is in violation of principles of natural justice. Aggrieved, petitioner prays for appropriate orders.
4. The learned counsel for the respondents would fairly submit that the initial order of suspension was passed immediately after the petitioner's arrest 4/8
and the subsequent order of suspension was issued on 17.06.2025 facilitating enquiry to be conducted as against the petitioner, pursuant to the criminal complaint registered under the POCSO Act. The learned counsel for the respondents would therefore submit that the order of suspension need not be interfered with since the suspension order is passed for facilitating enquiry. However, in the present case, before passing the order of dismissal, no enquiry was conducted by the enquiry officer and thus prays this Court to pass appropriate orders.
5. In view of the above, without interfering with the impugned order of suspension dated 08.02.2025 and order of dismissal dated 17.06.2025, this Court is inclined to set aside the impugned order of termination dated 06.10.2025 on the ground that it has been passed without conducting any enquiry, which is not maintainable and the same is set aside on the sole ground of violation of th respondent to principles of natural justice. However, liberty is granted to the 4 proceed with enquiry by issuing charge memo and assigning enquiry officer and thereafter conclude the enquiry in the manner known to law. Further, the 5/8
respondents are directed to pay the applicable subsistence allowance to the petitioner.
6. The writ petition stands disposed of with the above directions. No costs. Consequently, the connected miscellaneous petition is closed. 09.12.2025 Speaking (or) Non Speaking Order Index : Yes/ No mka To:
1.The Secretary to Government, Higher Education Department, Secretariat, Fort St.George, Chennai-09 2.The Commissioner of Collegiate Education, Directorate of Collegiate Education, Saidapet, Chennai-15.
3.The Vice Chancellor, Syndicate of Annamalai University, Annamalai University, Annamalai Nagar, 6/8
4.The Registrar, Annamalai University, Annamalai Nagar, 5.The Principal, Thiru.A.Govindasamy Government Arts College, Tindivanam, Villupuram District.
M. DHANDAPANI, J.
mka W.P. No.
43483 of 2025 7/8
09.12.2025 8/8