High Court dismissed and closed two writ petitions challenging the suspension of University officials. The Court declined interference pending investigation into alleged malpractices, noting one petitioner had retired.
This page shows the compact analysis of this judgement. The full analysis — procedural history, issue-by-issue holdings with ratio and obiter, advocates, and paragraph-level evidence for every claim — is being added to the record in batches and will appear here when this judgement has been through it.
W.P.(MD)Nos.23069 of 2019 & 1198 of 2020
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 22.03.2021
CORAM:
THE HONOURABLE MR. JUSTICE N.KIRUBAKARAN and
THE HONOURABLE MR. JUSTICE B.PUGALENDHI
W.P.(MD) Nos.23069 of 2019 & 1198 of 2020 and W.M.P.(MD) Nos.19803, 19804, 20084 of 2019 & 943, 944 of 2020
M.Rajarajan ... Petitioner in WP.(MD).23069/19 J.Karthigai Selvan ... Petitioner in W.P.(MD).1198/20
Vs.
1.Madurai Kamaraj University, Rep. by its Registrar, Palkalai Nagar, Madurai - 625 021.
2.The Vice Chancellor, Madurai Kamaraj University, Palkalai Nagar, Madurai - 625 021. ... Respondents 1 & 2 in both WPs 3.M.Krishnan ... 3rd Respondent in WP(MD)23069/19
PRAYER in WP(MD)23069/2019 : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned order passed by the first respondent in proceedings No.R/MKU/ACE-DDE/2019 dated 23.09.2019 and quash the same and to further direct the respondents to permit the petitioner to continue as Additional Controller of Examinations in the first respondent University with salary and other attendant benefits from September, 2019 onwards.
PRAYER in WP(MD)1198/2020 : Writ Petition filed under Article 226 of the Constitution of India seeking issuance of a Writ of Certiorarified Mandamus calling for the records relating to the impugned suspension order in proceedings No.R/MKU/ACE-DDE/2019 dated 23.09.2019 and quash the same and consequently, to direct the first respondent to reinstate the petitioner along with all benefits with effect from 23.09.2019. https://hcservices.ecourts.gov.in/hcservices/
1/4
W.P.(MD)Nos.23069 of 2019 & 1198 of 2020
For Petitioner : Mr.E.V.N.Siva In WP(MD)23069/19 Mr.R.Shankar Ganesh In WP(MD)1198/20
For Respondents : Mr.Issac Mohanlal Senior Counsel for M/s.Issac Chambers for R.1 & R.2 In both WPs *****
C O M M O N O R D E R
B.PUGALENDHI, J.,
The writ petition in W.P.(MD)No.23069 of 2019 is filed by one Dr.M.Rajarajan, Additional Controller of Examinations and the writ petition in W.P.(MD)No.1198 of 2020 is filed by one J.Karthigai Selvan, Computer Programmer. Both of them are working in the first respondent / Madurai Kamaraj University and based on the resolution dated 23.09.2019 passed by the Syndicate of the University, they were kept under suspension. Challenging the same, the petitioners have filed the present writ petitions.
2/4
W.P.(MD)Nos.23069 of 2019 & 1198 of 2020
questionable integrity has been made out as against the delinquent officials. In view of the preliminary report of the Committee, coupled with the approval granted to the Directorate of Vigilance and Anti-Corruption, Chennai, to conduct a preliminary enquiry, the Syndicate of the University has resolved to place the petitioners and other delinquent officials under suspension, pending enquiry, so as to restrain them from interfering with the process of enquiry, which was challenged herein.
"40. ...
(8). The Director of Vigilance and Anticorruption shall constitute a special team headed by a DSP level Officer, preferably, the seventeenth respondent herein, exclusively, for the investigation on the alleged irregularities in the conduct of examinations and issuance of false certificates, including false PSTM certificates, as discussed supra, by Madurai Kamaraj University and shall ensure that the investigation is completed in a time bound manner not more than six months from the date of receipt of a copy of this order. The investigation team is expected to submit a status report before this Court at regular intervals, preferably, by the end of three months period, in sealed cover. A copy of the final report shall also be submitted before this Court in sealed cover.
(9). After completing the investigation in Madurai Kamaraj University, the investigation team shall also extend the scope of investigation and find out any such fraud has been committed in any other Universities in Tamil Nadu.
(10). Needless to state that during the course of investigation, if the investigation team finds the commission of cognizable offence, they are expected to file the final report by including the relevant penal provisions, apart from the provisions of Prevention of Corruption Act."
3/4
W.P.(MD)Nos.23069 of 2019 & 1198 of 2020
Assistant Registrar(CS-II)
// True Copy //
/ /2021 Sub Assistant Registrar(CS)
gk
W.P.(MD) Nos.23069 of 2019 & 1198 of 2020 22.03.2021
NS(CO) TR(09.07.2021) 4P 1C
4/4
2 issues framed by the court
Whether the High Court should interfere with the suspension orders passed by the University Syndicate pending an investigation into alleged malpractices.
Whether the petition regarding reinstatement of an employee who has since retired by superannuation requires further adjudication.
2 provisions across 2 enactments
M. Rajarajan
J. Karthigai Selvan
Madurai Kamaraj University
The Vice Chancellor, Madurai Kamaraj University
M. Krishnan
N. Kirubakaran
B. Pugalendhi
As recorded by the court registry
Judgements on the same questions, provisions and authorities, from every court
