UNIVERSITY SYNDICATE ANNAMALAI UNIVERSITY Vs. V R CHELLIAH

JUDGEMENT

(1.) AGGRIEVED by the order dated 12. 10. 1999 passed in W. P. No. 11029 of 1 992, the Annamalai university Syndicate, its Vice-chancellor and Registrar have filed the above writ appeal.

(2.) THE respondent herein, writ petitioner was appointed as a Driver in the Annamalai University in April, 1979. He was suspended from service on 13. 02. 1992 on the ground that he secured admission to two persons, by name, A. Alexander and B. Thirunavukarasu in B. Ed. , course, after getting Rs. 5,000/- from them. The petitioner was asked to appear before the Enquiry committee on 24. 02. 1992. The writ petitioner appeared before the Enquriy Committee. No charge was framed and he was not given an opportunity to submit his defence, but the Enquiry committee obtained a statement from him. The persons said to have secured B. Ed. admission by payment of Rs. 5,000/- were not examined before the Committee. Only based on the statements from the two persons and the statement of the writ petitioner, the Committee submitted a report finding that the above said persons got admission in B. Ed. Course after paying a sum of Rs. 5,000/- to the petitioner. The report of the Committee was accepted by the university Syndicate and ultimately, the petitioner was removed from service. The appeal filed by the petitioner was also dismissed. Hence, he filed the writ petition before this Court.

(3.) THE learned Judge, after finding that the petitioner was not given an opportunity to submit his explanation and thereby the University violated the principles of natural justice, set aside the impugned order of dismissal and allowed the writ petition. Questioning the same, the University has filed the present writ appeal.