Document Fragment View

Matching Fragments

3.1. In the present Writ Petition, the self-same Writ Petitioner in the above two Writ Petitions, viz., D r . K . T h a m i z h a r a s a n , is challenging the order dated 27.05.2024, issued by the Secretary, Sir Theagaraya College Committee https://www.mhc.tn.gov.in/judis W.P.Nos.15665, 15846, 15966, 7241 and 6880 of 2024

- the 5th respondent in the present Writ Petition. The petitioner – Dr.K.Thamizharasan is suspended from service in contemplation of disciplinary proceedings for his gross misconduct.

3.2. The impugned order states that the College committee in its meeting held on 23.05.2024 in contemplation to initiate disciplinary proceedings for gross misconduct has decided to suspend the petitioner from service. The said order is challenged on the ground that only because he has filed the two Writ Petitions in W.P.Nos.7241 and 6880 of 2024, challenging the selection for the post of Principal, with a malafide intention, the Management is taking action against him. According to the Writ Petitioner, there is no misconduct on his part to initiate disciplinary proceedings. It is only the College – committee which is empowered to take disciplinary action as per Section 14 of the Tamil Nadu Private Colleges (Regulation) Act, 1976 (hereinafter referred to as 'the Act'). As per Section 18 of the Act, the teachers or the other persons employed in the Colleges are to be governed by the Code of Conduct as may be prescribed and if any teacher or other person violates the provisions of such conduct is liable for disciplinary action as may be https://www.mhc.tn.gov.in/judis W.P.Nos.15665, 15846, 15966, 7241 and 6880 of 2024 prescribed. Section 18 of the Act further empowers the College – committee to define the standards of conduct that are not inconsistent with the provisions of the Act and the rules made under the Act.

II He has also behaved in an indecent way and abused colleagues and the management.

III As stated by Dr.V.Balaji, Asst. Professor in the Department of Commerce in his complaint, which was supported by an Dr.K.Vijaya Chitra, Asst. Professor in the Department of Commerce. ” 3.7. Therefore, the order of suspension is passed by the duly constituted College committee and on materials which are placed before the committee and not by way of vendetta. Since the disciplinary proceedings were contemplated in respect of gross misconduct, the order of suspension was also passed. Without any delay, subsequently, the charge memorandum itself has been issued, since the Act and the Rules contemplate completion of the disciplinary enquiry itself within a period of two months.

3.11. As far as the third contention of the petitioner is concerned, Section 19 (3) of the Act is extracted above. The power of suspension is conditional. Not on every occasion, when disciplinary proceedings are contemplated or undertaken, the staff can be suspended. If only the disciplinary proceedings are in respect of gross misconduct, suspension can https://www.mhc.tn.gov.in/judis W.P.Nos.15665, 15846, 15966, 7241 and 6880 of 2024 be resorted to.