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Madras High CourtWP(MD)/21390/2024disposed of

K.R.Seethalakshmi v. The Registrar (I/C)

2024-10-15Honourable Mr Justice R.Vijayakumar4 pages

BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT DATED: 15.10.2024

CORAM

THE HON'BLE MR.JUSTICE R.VIJAYAKUMAR and WMP(MD).No.18101 of 2024 K.R.Seethalakshmi ... Petitioner Vs The Registrar (I/c) Anna University Sardar Patel Road Chennai 600 025 ... Respondent PRAYER: Writ Petition is filed under Article 226 of the Constitution of India, to issue a Writ of Certiorari calling for the records pertaining to the proceedings of the impugned notice in Memo No.AU/RC-MDU/CFI/ECI/2024 dated 09.08.2024 on the file of the respondent and to quash the same. For Petitioner : Mr.A.Jayaramachandran For Respondent : M/s.E.V.S.Siva

ORDER

The instant writ petition has been filed by a Junior Assistant working in the respondent University challenging the second show cause notice wherein the punishment of compulsory retirement has been proposed as against the writ petitioner.

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2.According to the learned counsel for the writ petitioner, the petitioner has addressed a communication on 07.09.2023 requesting the University to furnish several documents. However, by way of communication dated 20.11.2023 only some of the documents have been furnished. Therefore, the petitioner was not in a position to submit her explanation. It is the further contention of the learned counsel for the writ petitioner that unless the enquiry report relating to the co-delinquents are furnished, she will not be in a position to submit her explanation.

3.Per contra, the learned Standing Counsel appearing for the respondent had contended that pending writ petition, all the documents including the enquiry report relating to the co-delinquent have been furnished to the writ petitioner.

4.As far as the basic complaint received as against the writ petitioner is concerned, it is the contention of the University that no written complaint was received from any one of the examiners. The proceedings were initiated only based upon the oral complaint lodged by the examiners at the time of evaluating the answer sheets. Therefore, the question of providing a copy of the basic complaint received as against the writ petitioner does not arise. 5.In view of the above said facts, pending writ petition all the documents sought for by the writ petitioner, to enable her to submit her explanation to the 2/4

second show cause notice have been furnished. In such circumstances, this Court is of the considered opinion that the petitioner has not made out any ground to quash the second show cause notice. The petitioner is directed to submit her explanation to the show cause notice dated 09.08.2024 on or before 18.11.2024.

6.In the result, this Writ Petition stands disposed of. No costs. Consequently, connected miscellaneous petition is closed. 15.10.2024 NCC : Yes/No Index : Yes/No Internet: Yes/No msa Note: Issue order copy on 17.10.2024.

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R.VIJAYAKUMAR , J.

msa and WMP(MD).No.18101 of 2024 15.10.2024 4/4