MADAN MOHAN RAO Vs. STATE OF TAMIL NADU

JUDGEMENT

(1.) This writ appeal has been filed by Dr. Madan Mohan Rao against the judgment of V. Ramaswami, J. dismissing W.P. No. 2613 of 1977. The appellant was the Principal of Sir Theagaraya College, Madras. On 26th May, 1975 as many as twelve charges were framed against him and he was called upon to submit his explanation thereto. The appellant filed, his explanation on 1st July, 1975. Subsequently, there were certain proceedings between the appellant and the respondent No. 2 with which we are not very much concerned in this writ appeal. On 1st May, 1976, the appellant was served with notice of the enquiry to be held on 3rd May, 1976. Since the appellant was absent the enquiry was adjourned to 7th May, 1976. Even then the appellant was absent. Thereafter on 7th May, 1976, the College Committee found that the charges against the appellant were proved, and dismissed the appellant from service. Against the dismissal order the appellant preferred an appeal to the Government on 17th May, 1976. On 23rd July, 1977, the Government by its order impugned in the writ petition dismissed the appeal. The appellant then preferred W.P. No. 2513 of 1977, before this Court and V. Ramaswami, J., dismissed the writ petition by his order, dated 24th August, 1978. The learned Judge held that the appeal preferred by the appellant before the Government was not maintainable as by the time the appellant preferred the appeal, the appellate authority under the Tamil Nadu Private Colleges (Regulation) Act, 1976 (referred to as the Act) had not been constituted. The appeal preferred by the appellant before the Government was therefore an ineffective appeal. The law applicable to the case was that of master and servant and not the provisions of the Act.

(2.) Mr. Chidambaram, the learned counsel tor the appellant raised the following contentions:

(3.) The question for consideration is whether the contentions of Mr. Chidambaram can be sustained. The 1975 Ordinance came into force on 21st November, 1975. Section 1 (4) of the Act states: