Madras High Court
Dr. K. Chitra vs The Vice Chancellor on 8 September, 2022
Author: D.Krishnakumar
Bench: D.Krishnakumar
W.P. No. 18010 of 2022
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED : 08.09.2022
CORAM
THE HONOURABLE MR.JUSTICE D.KRISHNAKUMAR
W.P. No. 18010 of 2022
Dr. K. Chitra
... Petitioner
Vs.
1. The Vice Chancellor,
Bharathiar University,
Coimbatore.
2. The Registrar,
Bharathiar University,
Coimbatore – 641 046
3. The Director,
Vigilance and Anti-Corruption,
State of Tamil Nadu, Alandur,
Chennai -
... Respondents
Writ Petition filed under Article 226 of the Constitution of India, for the
issuance of a writ of mandamus, directing the respondents 1 and 2 to declare
the probation of the petitioner vide proceeding No.
E7/2016/24086/3/R/INT/APPT dated 22.11.2016 and permit the petitioner to
apply for the CAS (Career Advancement Scheme) with all other consequential
service benefits and seniority accrued from the date of probation.
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W.P. No. 18010 of 2022
For Petitioner : Mr. Vijayan
Standing Counsel
for K.M. Vijayan Associates
For Respondents : Mr. C. Vigneswaran
Standing counsel
Assisted by P. Vasantha Kumar
for R1 and R2
Mrs. N. Senthil Selvi
Government Advocate
for R3
ORDER
According to the petitioner, the writ petitioner was appointed as Assistant Professor by proceedings No. E7/2016/24086-3-R/INT/APPT, dated 22.11.2016 with the service condition that the petitioner will be placed under probation for a period of two years from the date of joining and on completion of the said period the same will be extended or probation will be declared.
2. According to the petitioner, he has made a representation dated 30.08.2019 to the respondent university to declare probation but the respondent has not passed any orders. Further stated that the petitioner came to know that FIR (2/2018/AC/CB dated 01.02.2018) has been registered on 01.02.2018 against the then the Vice Chancellor, Professor Dr. A. Ganapathy and he is under investigation by the Director of Vigilance and Anti Corruption. Thereafter second DVAC has been registered on 04.08.2021 (16/2021/AC/CB) https://www.mhc.tn.gov.in/judis 2/7 W.P. No. 18010 of 2022 dated 04.08.2021 against Dr. A. Ganapathy. The respondent university also sought for clarification with the DVAC that the declaration of probation and confirmation of the appointments made by the then Vice Chancellor, Professor Dr. A. Ganapathy.
3. According to the petitioner, due to the above incident, the respondent University has not declared the probation of the petitioner, even after three years of completion of probation. He further states that investigation in the above case FIR.No.02/2018/AC/CB dated 01.02.2018 has been completed and no charges in respect of appointments were made.
4. According to the petitioner, the writ petitioner has not been arrayed as accused in the aforesaid criminal case and there is no material to prove that the petitioner is involved in the aforesaid criminal case registered by the third respondent. Therefore, the petitioner seek for the aforesaid prayer.
5. According to the Government Pleader, counter is filed by the third respondent, wherein it has been stated that after preliminary enquiry was conducted by the third respondent based on the complaint by one Tr.Suresh, Assistant Professor of Bharathiar University, a case in Cr.No.02/2018/AC/CB https://www.mhc.tn.gov.in/judis 3/7 W.P. No. 18010 of 2022 was registered on 01.02.2018 and a trap was organized against the then Vice Chancellor Dr. A. Ganapathy. After thorough investigation, a final report was filed against Dr. A. Ganapathy and others before the Hon'ble Special Court on 21.09.2021, wherein they were arrayed as accused Nos. 1, 2 and 3 and one Tmt.G. Swarnalatha was arrayed as Accused No.4. Another criminal case has been registered in the crime No. 16/2021/AC/CB dated 04.08.2021 for several allegation in the illegal appointment of the Lecturer, Assistant Professor and other staff in the University and by violating UGC norms. Therefore it is stated in the counter affidavit by the third respondent that investigation is yet to be completed by the third respondent and therefore at this stage, whether the petitioner will be arrayed as an accused or not, cannot be ascertained and it will take further time to conclude the said investigation by the third respondent department.
6. The learned Standing Counsel appearing for the second respondent University, on instructions, submitted before this Court that, in the counter affidavit filed by the third respondent, it is stated that the writ petitioner has been appointed as Assistant Professor on 22.11.2016 and has completed the probation period but the respondent University has not declared the probation of the petitioner for the reason that aforesaid criminal case is pending as the https://www.mhc.tn.gov.in/judis 4/7 W.P. No. 18010 of 2022 appointments were made during the period of then Vice Chancellor Professor Dr. A. Ganapathy.
7. Further submitted on instructions that, in the aforesaid counter affidavit filed by the third respondent, the petitioner name has not been arrayed as accused in criminal case. Therefore, petitioner's name will be considered for declaration of probation subject to the outcome of the investigation of the third respondent department.
8. Therefore, recording the submission made by the learned counsel for the parties, especially the submission made by the respondent University, this Court directs the respondent University to consider for declaring the petitioner's probation subject to the final report, to be submitted by the Vigilance Department in the pending criminal case. To that extent, the petitioner shall also file an undertaking affidavit before the respondent University. Both parties have agreed for the said order.
9. With the above directions, writ petition stands disposed of. No costs.
08.09.2022
Index : Yes / No
Internet : Yes/ No
mrn
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W.P. No. 18010 of 2022
To
1. The Vice Chancellor,
Bharathiar University,
Coimbatore.
2. The Registrar,
Bharathiar University,
Coimbatore – 641 046
3. The Director,
Vigilance and Anti-Corruption,
State of Tamil Nadu, Alandur,
Chennai -
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W.P. No. 18010 of 2022
D.KRISHNAKUMAR, J.
(mrn)
W.P. No. 18010 of 2022
08.09.2022
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