SELVARAJ Vs. DIRECTOR OF COLLEGIATE EDUCATION

JUDGEMENT

(1.) BY consent of both sides, the writ petition itself is taken up for final hearing.

(2.) HEARD Mr.T.Lajapathi Roy, learned counsel for the petitioner, Mr.K.Chellapandian, learned Additional Advocate General for Mr.K.Mahendran, learned Special Government Pleader, appearing for the respondents 1 and 2 and Mr.D.Rajendran, learned counsel for the respondents 3 and 4.

(3.) THE case of the petitioner in a nutshell is as follows: The petitioner is working as a Professor in History as well as the Head of Department in the fourth respondent college. While so, on 27.10.2010, the fourth respondent called the petitioner along with the staff members to submit the internal marks. However, he stated that because of non furnishing of the consolidated marks by the Assistant Professors, he was not able to submit the same with the foil card. At that time, there was a wordy quarrel arose between the petitioner and one M.Sethuramalingam and R.Ravichandran. At that time, the Staff members, who were present at that time, attacked the petitioner. 4.1. On the basis of the complaint given by the petitioner, a case was registered in Crime No.1300 of 2010 for offence under Sections 294(b) and 323 IPC and Section 3(i)(X) of the SC/ST Act against the two persons and on the basis of the complaint given by those two persons, a counter case was registered in Crime No.1299 of 2010 for offence under Sections 294(b), 324 and 355 IPC. Subsequently, the case in Crime No.1300 of 2010 was referred as 'Mistake of fact' and the petitioner filed a Criminal Original Petition in Crl.O.P.(MD) No.15325 of 2010 before this Court and this Court by an order, dated 07.01.2011, directed the petitioner to proceed in accordance with law. 4.2. On 28.10.2010, the petitioner preferred a representation to the respondents 1 to 3 and to the Higher Authorities including the National Commission for Scheduled Castes to take action against the Professors, who attacked him. 4.3. While that being so, a charge memo was issued by the third respondent dated nil of November 2010 levelling as many as eight charges against him and thereafter issued a consequential order dated 02.12.2010 appointing the said Dr.R.Ravichandran, Assistant Professor as Head of the Department (in-charge) without giving an opportunity of hearing and a show case notice. The suspension is without the approval of the competent authority as per Section 19 of the Tamil Nadu Private Colleges (Regulation) Act 1976. The fourth respondent College is under the control of Hindu Religious and Charitable Endowment Department and as such, the Tamil Nadu Civil Services (Discipline and Appeal) Rules would not be applicable. Challenging the said suspension order passed by the third respondent, the petitioner has preferred a writ petition in W.P.No.14657 of 2010 and the same is pending before this Court. 4.4. Thereafter, on 08.12.2010, the petitioner has sent a representation seeking some documents mentioned in the charge memo dated 02.12.2010. On 13.12.2010, the third respondent sent those documents and issued a notice on 09.02.2011, seeking for an explanation from him within three days. The petitioner thereafter filed a writ petition in W.P.No.1901 of 2011 before this Court and this Court by an order dated 21.02.2011 permitted the petitioner to make his explanation on or before 5th of March 2011 and a direction to the respondent to the effect that if such an explanation is made, the respondent may proceed in accordance with law. Pursuant to the directions of this Court, the petitioner submitted his explanations regarding the charges levelled against him. However, an Enquiry Officer was appointed by the respondent College and an enquiry was conducted without giving an opportunity to the petitioner and an enquiry report has been submitted on 27.04.2011 and the same was not furnished to the petitioner so far. On 06.01.2012, the respondent College has issued a notice, which is impugned in this writ petition and the petitioner has come up with this petition seeking for the aforesaid relief.