T SREE RENGA RAJA Vs. VICE CHANCELLOR

JUDGEMENT

(1.) THE writ petition has been filed challenging the order passed by the second respondent in Ref. No. AUT-T/ESST/2011 dated 15.11.2011 and further directing the respondents 1 and 2 to allow the petitioner to continue to function as Head of the Department of Electrical and Electronic Engineering, Anna University of Technology of Trichirapalli, Trichirapalli.

(2.) THE case of the petitioner is that he passed M.E., in Power System and obtained Ph.D., in Electrical Engineering. He was appointed as Assistant Professor of Electrical and Electronic Engineering Department of Anna University of Technology, Trichirapalli on 20.8.2009 under regular basis. Prior to such appointment, the petitioner was working in the same department on contract basis from 2.7.2007 to 19.8.2009. During the course of this period, through proceedings dated 14.1.2008, the second respondent appointed the petitioner as Faculty in-charge of Department of Electrical and Electronic Engineering, Anna University of Technology, Trichirapalli, until further orders, based on the order issued by the first respondent dated 11.1.2008. It is further stated by the petitioner that 3rd respondent, who is an Assistant Professor in the same department, as an Internal Examiner has not conducted the Laboratory Examination for 4th year students as per schedule. Since, the petitioner being the Head of the Department and had to conduct the University Examination in Power System Simulation Laboratory for 4th year B.E. students on 28.10.2011, most of the students made complaint against the 3rd respondent before the petitioner for not conducting the said laboratory examination on 28.10.2011. The petitioner in turn made a complaint to the second respondent against the 3rd respondent and requested for necessary action against him. Based on the complaint filed by the petitioner and others, an Enquiry Committee was constituted on 9.11.2011. It is further stated by the petitioner that though the committee was appointed and the same had enquired into the matter, so far no finding has been given nor any report is submitted by the said Enquiry Committee. In the meantime, even before the Enquiry Committee submits its report, the second respondent passed the impugned order on 15.11.2011 appointing the 3rd respondent as Head of the Department i/c of the Department of Electrical and Electronics Engineering as Additional Charges until further orders and directed the petitioner to hand over the charges to the 3rd respondent. Challenging the said or- der of the second respondent, the writ petition has been filed.

(3.) THE respondents 1 and 2 in the counter affidavit contended that the petitioner was originally engaged on contract basis as Lecturer in EEE Department for a period of six months and again by extending the period by six months from 8.6.2007. The same was further renewed on 3.1.2008 for a further period of six months and thereafter, he was appointed on contract basis for a further period of two years from 6.8.2008. Subsequently, the petitioner was appointed as a regular Faculty in the cadre of Assistant Professor from the year 2009. As the said University was recently established and it would take considerable time to appoint regular faculty members, the Vice-Chancellor by taking into consideration of the interest of the University, deemed it appropriate to appoint the petitioner as Faculty in-charge of EEE Department in the year 2008, by an order dated 11.1.2008. It is stated by the respondents 1 and 2 that the said appointment is only a temporary measure taking into consideration of the interest of the students and therefore, it is not correct to say that the petitioner was appointed as Head of the Department on regular basis.