J. AMALANATHAN Vs. REV. ALPHONSE MANIKAM, THE SECRETARY, ST. XAVIERS COLLEGE (AUTONOMOUS), PALAYAMKOTTAI, TIRUNELVELI

JUDGEMENT

(1.) Amalanathan, the Contempt Petitioner herein is an Associate Professor in St.Xavier's College(Autonomous),Palayamkottai, Tirunelveli District. He along with three others were punished in the departmental proceedings. Aggrieved by the said order, they have preferred Writ Petition before the learned Single Judge of this Court. Along with the main Writ Petition, to quash the order of punishment issued by the Management on 5/7/2021, petition for interim stay in W.M.P(MD)No.9238 of 2021 in W.P(MD)No.11748 of 2021 was sought.

(2.) When the matter came up for admission on 14/7/2021, the learned Single Judge of this Court ordered notice of motion returnable by two weeks and private notice was also ordered in the Writ Petition and in the miscellaneous Petition. For not granting ex-parte stay, the said Amalanathan has filed intra-Court appeal along with three staffs of the college, who were punished, challenging the order passed by the learned Single Judge causing notice to the respondent. The said appeals were entertained by this Court.

(3.) Be that as it may, the Division Bench of this Court been if prima facie convinced with the ground raised in the Writ Appeal that the order passed by the learned Single Judge ordering notice to the respondent, without granting exparte ad-interim order of stay is arbitrary, illegal and in violation of Article 14 of the Constitution of India, allowed the Writ Appeal at the admission stage and also granted interim stay of operation of the punishment imposed. This order was passed on 28/7/2021. As per this order, interim stay to be in force till 27/8/2021. The Division Bench has also directed the Writ Court to consider as to whether the order of interim stay should continue further, after respondents in the Writ Petition entered appearance and make their submissions.