P. CHIDAMBARAM Vs. SECRETARY

JUDGEMENT

(1.) CHALLENGE in this writ petition is to an order, dated 19.07.2011, of the Sec retary, Arignar Anna College, Kanyakurnari District, suspending the petitioner from service, with effect from 14.07.2011, the date on which, he was arrested and detained in judicial custody.

(2.) ASSAILING the correctness of the order, learned counsel for the petitioner submitted that though criminal cases, registered under Section 138 of the Ne gotiable Instruments Act, 1881, in C.C. Nos. 292, 290, 279, 278, 287, 291, 280, 293, 288, 282, 289, 281, 362, 361, 387, 364, 363 & 355 of 2002 and S.T.C. No.1311 of 2003, on the file of the Judicial Magistrate No.II, Nagercoil, ended in conviction and confirmed in Criminal Appeal Nos.47, 45, 38, 37, 42, 46, 39, 48, 43, 41, 44, 40, 56, 55, 59, 58, 57 and 49 of 2005 and 199 of 2005, on the file of the learned Sessions Judge, Nagercoil, the petitioner has been enlarged on bail, pursuant to suspension of sentence granted by this Court on 29.07.2011, in M.P.Nos.2 of 2011 in Crl. R.C.(MD).Nos.607 to 624 of 2011 & 637 of 2011. As the petitioner was confined in judicial custody, he could not inform the College Committee about the same. Learned counsel for the petitioner further submitted that involvement of the petitioner In the above said criminal cases filed under the provisions of the Negotiable Instruments Act, 1881, have nothing to do with the discharge of duties and responsibilities, attached to the post of lecturer in the college. Inviting the attention of this Court to Sec tion 19 of the Tamil Nadu Private Colleges (Regulations) Act, 1976 and the Code of Conduct prescribed, as per Sub-Section 1 of Section 18 of the Act, he submitted that the respondent ought to have considered the nature of the allegations levelled against the petitioner and merely because the petitioner was involved in criminal cases, suspension ought not to have been invoked.

(3.) BEFORE adverting to the facts of case, this Court deems it fit to extract Sections 18 and 19 of the Tamil Nadu Private Colleges (Regulation) Act, 1976;