PROF I ELANGOVAN Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) THIS writ petition is filed seeking to quash the order dated 29. 8. 2003 passed by the 3rd respondent rejecting the petitioner's nomination on the basis that the petitioner is under suspension and so he is not eligible to contest the election in view of the provisions in the proviso in the Statute No. 16 of Chapter XIX of the Statute made under the Chennai university Act, 1923.

(2.) THE petitioner was originally suspended from service pending enquiry by the principal-in charge of the college on 17. 7. 2003 and subsequently the same was revoked by an order dated 18. 7. 2003. THEreafter, as directed by the 2nd respondent, the Chairman of the Governing Board of the college directed the petitioner not to sign the attendance register and not to engage classes as they cannot reinstate the petitioner. On the basis of the said order of the Chairman of the Governing Body of the college, the impugned order came to be passed rejecting the petitioner's nomination. Challenging the same, this writ petition is filed.

(3.) IN the present case, even the impugned order dated 29. 8. 2003 cannot be construed as an order of suspension as the order of suspension has already been revoked on 18. 7. 2003. Even if it is construed as an order of suspension, it could be only pending further proceedings. Even then, the same cannot be relied on to reject the petitioner's nomination as the petitioner has not been suspended by way of punishment.