Meena v. Director, College Education, DPI Compus, Chennai
2015-03-12
K.RAVICHANDRABAABU
body2015
DigiLaw.ai
Judgment :- 1. This writ petition is filed challenging the order of suspension dated 06.02.2015 issued by the fourth respondent. 2. The petitioner was functioning as Principal In-charge of Senthamil Arts College, Madurai. The petitioner challenged the suspension order mainly on the ground that the fourth respondent is not having jurisdiction to suspend the petitioner. However, it is seen that the petitioner herein has sent a letter to the third respondent on 02.01.2015 admitting the fourth respondent as the Secretary of the said college. 3. The fourth respondent filed a counter affidavit, wherein, it is stated that a charge-memo has been issued to the petitioner in pursuant to the college committee resolution dated 09.03.2015. Apart from stating so in the counter, the learned counsel appearing for the fourth respondent submitted that the charge-memo has also been served on the petitioner on the very next day by post. However, the learned counsel appearing for the petitioner disputes the said contention. 4. A perusal of the impugned order of suspension would show that the petitioner was placed under suspension in pursuant to the resolution passed on 06.02.2015 by the college committee by contending that a disciplinary proceedings is to be initiated against the petitioner in respect of grave charges. Therefore, this Court, at this stage, is not inclined to interfere with the order of suspension, as the disciplinary authority has to conduct the disciplinary proceedings and pass final orders on the charges levelled against the petitioner. But at the same time, as per Section 19(3)(b) of the Tamil Nadu Private College (Regulation) Act, suspension period can be for a period of two months, which can be further extended by further period of two months with the prior approval of the competent authority. Therefore, the fourth respondent cannot prolong the suspension beyond the statutory period. 5. Accordingly, this Writ Petition is disposed of with a direction to the fourth respondent to strictly follow the procedure contemplated under Section 19(3)(a) and (b) of the Tamil Nadu Private College (Regulation) Act, 1976, and pass appropriate order revoking the order of suspension, if the enquiry is not able to be completed, within the time limit prescribed under the above said provision of law. The undertaking given by the fourth respondent in the counter affidavit to that effect at paragraph No.12 is also extracted hereunder and the same is recorded to form of this order. “12.
The undertaking given by the fourth respondent in the counter affidavit to that effect at paragraph No.12 is also extracted hereunder and the same is recorded to form of this order. “12. It is humbly submitted that as per the section 19(3)(b) of the Tamil Nadu Private Colleges (Regulation) Act, the staff of the private college can be placed under suspension for a period of 2 months without approval and for further period of 2 months with the prior approval of competent authority. Therefore, if the disciplinary proceedings initiated against the writ petitioner is not completed within the stipulated time, the suspension order issued against the writ petitioner will be revoked as per Section 19(3)(b) of the Tamil Nadu Private Colleges (Regulation) Act without prejudice to the pending disciplinary proceedings.” No costs. Consequently, connected Miscellaneous Petitions are closed.