SYNDICATE ANNA UNIVERSITY Vs. N LINGAPPAN

JUDGEMENT

(1.) THE appellants are the Syndicate, Vice-Chancellor and Registrar of the Anna University. In this writ appeal, they have challenged the order of the learned single Judge dated 04.01.2006 made in W.P.No.21834 of 2000 wherein and by which, the writ petition filed by the first respondent was allowed and the University was directed to hear the appeal filed by the first respondent dated 05.5.2000 in respect of the punishment of withholding of increment for a period of two years without cumulative effect imposed by the Vice-Chancellor.

(2.) THE order of punishment dated 03.3.2000 was made by the second appellant Vice-Chancellor of Anna University after issuing show cause notice to the first respondent and after receiving explanation from him. In the same order, it was indicated that the first respondent can file an appeal to the first appellant / Syndicate of the University. Accordingly, the first respondent filed an appeal to the Syndicate. It transpires that the first appellant Syndicate, at its 137th meeting held on 18.10.2000, resolved to uphold the decision taken by the Vice-Chancellor as well as the punishment imposed on the first respondent. THE said resolution was challenged by the first respondent in the writ petition.

(3.) MR.V. Govardhan, learned counsel appearing for the appellants submitted that the Vice-Chancellor, being the Ex-officio Chairman of the Syndicate under Section 17(3) of the Anna University Act, 1978, is bound to be part of the Syndicate proceedings and there is nothing wrong in his participating in the Syndicate. He also stated that when disciplinary action was taken against the first respondent, he virtually admitted his charge and requested for lenient punishment. Therefore, there is nothing wrong for the appellate authority to consider the same.