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Madras High CourtWP(MD)/1234/2019dismissed as infructuous

Dr.R.Ramesh, v. The Manonmaniam Sundaranar

2021-10-22Honourable Mr Justice D. Krishnakumar2 pages

W.P(MD). No.1234 of 2019 BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED : 22.10.2021

CORAM

THE HON'BLE MR. JUSTICE D.KRISHNAKUMAR W.P.(MD) No.1234 of 2019 and W.M.P. (MD) No.1053 of 2019 Dr. R.Ramesh Associate Professor (Now on Termination) The Department of English The ManonmaniamSundaranar University Abishekapatti, Tirunelveli - 627 012.

... Petitioner Vs.

1. The Manonmaniam Sundaranar University, Represented by its Registrar, Abishekapatti, Tirunelveli, Tirunelveli District - 627 012.

2. Dr. K. Baskar, The Vice- Chancellor, The ManonmaniamSundaranar University, Abishekapatti, Tirunelveli - 627 012.

...Respondents

PRAYER: Petition filed under Article 226 of the Constitution of India, for the issuance of writ of certiorarified mandamus, calling for the records relating to the impugned order of termination from service issued by the first respondent University in No. MSU/R/ ESTT /T / ENGLISH / 50454 dated 21.12.2018, quash the same, and further direct the University to reinstate the petitioner into service forthwith as Associate Professor in the Department of English with all attendant benefits including continuity of service, salary and allowance, and pass orders.

For Petitioner : Mr. Isaac Mohan lal, Senior Counsel, for ISAAC Chambers For Respondents : M. Mahaboob Atfiff for M/s. Ajmal Associates For R1

O R D E R

The respondent university has submitted a written note before this Court wherein it is stated that the university has decided to withdraw the order of termination already passed which is impugned in the writ petition.

2. Further the learned Counsel appearing for the respondent university has made a request that liberty may be granted to the https://hcservices.ecourts.gov.in/hcservices/ 1/2

W.P(MD). No.1234 of 2019 respondent university to proceed with the disciplinary proceedings in accordance with law by duly complying with the procedure as contemplated in the service statutes of the university.

3. The learned Senior Counsel appearing for the writ petitioner has made an objection for the grant of liberty to the respondent university to proceed with the disciplinary proceedings..

4. Recording the aforesaid statement made by the respondent university, the writ petition stands dismissed as infructuous. However it is open to the respondent university to proceed with the disciplinary proceedings, if it is permissible under law. No costs. Consequently, connected miscellaneous petition is closed. Sd/- Assistant Registrar(CS-III) // True Copy // / /2021 Sub Assistant Registrar(CS) mnr Note :

In view of the present lock down owing to COVID-19 pandemic, a web copy of the order may be utilized for official purposes, but, ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.

To

1. The Registrar.

The Manonmaniam Sundaranar University, Abishekapatti, Tirunelveli, Tirunelveli District - 627 012. +1 CC to M/s.ISAAC CHAMBERS, Advocate ( SR-32613[F] dated 26/10/2021 ) W.P.(MD) No.1234 of 2019 and W.M.P. (MD) No.1053 of 2019 22.10.2021 TR/JGB(15.11.2021) 2P 3C https://hcservices.ecourts.gov.in/hcservices/ 2/2