Petchi v. Secretary To The Chancellor Of Universities,
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED :11.12.2020
CORAM
THE HONOURABLE MR.JUSTICE KRISHNAN RAMASAMY W.P.(MD) No.18273 of 2020 Petchi
...Petitioner
Vs
1. The Secretary to the Chancellor of Universities, State of Tamilnadu, Raj Bhavan, Guindy, Chennai 600 022.
2.The Vice Chancellor, Madurai Kamaraj University, Palgalai Nagar, Madurai 625 021.
3.The Registrar, Madurai Kamaraj University, Palgalai Nagar, Madurai 625 021.
...Respondents
PRAYER : Writ Petition filed under Article 226 of the Constitution of India, to issue a Writ of Mandamus, to direct the respondents 1 and 2 herein to consider and pass appropriate orders on the appeal petition of the petitioner dated 19.10.2020 filed against the removal of service passed by the 3rd respondent herein dated 09.10.2020 by its proceeding No. Pa.A.Pi.4/2/2020, dated 09.10.2020, within a time frame as fixed by this Court.
For Petitioner : Mr.M.Sangili For R1 : Mr.M.Karuppasamy Government Advocate For R2 & R3 : Mr.Ragatheesh Kumar for M/S.Issac Chambers
ORDER
This Writ Petition is filed to direct the respondents 1 and 2 to consider and pass appropriate orders on the appeal petition, dated 19.10.2020 filed by the petitioner as against the order of removal of service passed by the 3rd respondent, dated 09.10.2020 in proceedings No.Pa.A.Pi.4/2/2020.
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2.By consent of both parties, the writ petition is taken up for final disposal at the admission stage itself. 3.It is the grievance of the petitioner that a case in Cr.Nos.408 and 413 of 2015 has been registered as against her and based on the aforesaid criminal case, the 3rd respondent, by proceedings dated 09.10.2020, removed the petitioner from service with effect from 12.09.2020. Challenging the same, though the petitioner has preferred an appeal on 19.10.2020 before the respondents 1 and 2, no action has been taken on the same so far. Hence, left with no other alternative, the present writ petition has been filed.
4.It is the main contention of the learned counsel appearing for the petitioner that it is suffice, if a direction issued to the respondents 1 and 2 to dispose of the appeal, dated 19.10.2020 as the petitioner is now jobless.
5.In reply, Mr.Ragatheeshkumar, learned counsel appearing for the respondents 2 and 3 would submit that the petitioner's appeal, dated 19.10.2020 would be considered on merits and in accordance with law, within a period of twelve weeks.
6. In view of the submission made by the learned counsel on either side, this Court is inclined to pass the following direction:- the 2nd respondent is directed to consider the petitioner's appeal dated, 19.10.2020 and dispose of the same on merits and in accordance with law, within a period of twelve weeks from the date of receipt of a copy of this order;
7.With the above direction, the Writ Petition stands disposed of. No costs.
Sd/- Assistant Registrar (AE) // True Copy // / /2020 Sub Assistant Registrar(CS) mm 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, 2/3
ensuring that the copy of the order that is presented is the correct copy, shall be the responsibility of the advocate/litigant concerned.
To The Secretary to the Chancellor of Universities, State of Tamilnadu, Raj Bhavan, Guindy, Chennai 600 022.
+1 CC to Mr.M.SARAVANAN, Advocate ( SR-25079[F] dated 11/12/2020 ) +1 CC to M/s.ISAAC CHAMBERS, Advocate (SR-25449[F] dated 14/12/2020 ) +1 CC to SPL GP ( SR-25415[F] dated 14/12/2020 ) W.P.(MD) No.18273 of 2020 11.12.2020 VB (30.12.2020) 3P 5C 3/3