Madras High Court
The Vice Chancellor vs M.S.Balamurugan on 29 January, 2021
W.A.(MD)Nos.124 and 125 of 2021
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
DATED : 29.01.2021
CORAM
THE HONOURABLE MR.JUSTICE M.M.SUNDRESH
AND
THE HONOURABLE MRS.JUSTICE S.ANANTHI
W.A.(MD)Nos.124 and 125 of 2021
and
C.M.P.(MD)Nos.306 and 307 of 2021
1.The Vice Chancellor,
Bharathidasan University,
Trichy – 24.
2.The Registrar,
Bharathidasan University,
Trichy – 620 024. ... Appellants/Respondents 2 & 3 in
both Writ Appeals
Vs.
M.S.Balamurugan,
General Secretary,
Association of University Teacher (Regd),
No.A/67, 2nd Cross, Dheeran Nagar,
Trichy, Trichy District. ... 1st Respondent/Writ Petitioner in
W.A.(MD)No.124/2021
Dr.S.Gandhi,
Associate Professor in Tamil,
National College,
Trichy, Trichy District,
Residing at
No.1/112, Kidaram Post, Kattuputhur Via,
Thottiyam Taluk, Trichy District. ... 1st Respondent/Writ Petitioner in
W.A.(MD)No.125/2021
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W.A.(MD)Nos.124 and 125 of 2021
The State of Tamil Nadu,
Rep. by its Principal Secretary to Government,
Department of Higher Education,
Chennai – 9. ... 2nd Respondent/1st Respondent in both the
Writ Appeals
R.Portia,
Wife of M.Hilarion Paul,
D.No.3/3-37, Anbagam,
Venkateshwara Nagar,
East Ambigapuram,
Trichy – 620 004. ... 3rd Respondent/4th Respondent in both the
Writ Appeals
Common Prayer : Writ Appeals filed under Clause 15 of Letters Patent Act,
against the common order dated 23.12.2020, made in W.P.(MD)Nos.7179 and
15586 of 2020.
For Appellants in both W.As. : Mr.VR.Shanmuganathan
Standing Counsel
For 1st Respondent in both W.As.: Mr.M.Ajmalkhan
Senior Counsel
*****
COMMON JUDGMENT
(Judgment of the Court was delivered by M.M.SUNDRESH, J.)
Both these Writ Appeals have been preferred against the common
order dated 23.12.2020, passed by the learned Single Judge in W.P.(MD)Nos.
7179 and 15586 of 2020.
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W.A.(MD)Nos.124 and 125 of 2021
2.When these matters are taken up for hearing, learned Standing
Counsel appearing for the appellants submitted that the remarks made in
paragraph 69 to 71 against the officer concerned is unwanted and unnecessary.
3.We have heard Mr.Ajmal Khan, learned Senior Counsel appearing
for the first respondent/writ petitioner in both the Writ Appeals on the above
said submission and also perused the impugned common order of the learned
Single Judge.
4.After perusing the observations of the learned Single Judge in
paragraph Nos.69 to 71, we do find it as not necessary and germane to the issue
involved. Law is quite settled that before making an adverse remark, the person
concerned will have to be put on notice. Though the officer concerned has
contested the case on merits, on the adverse remarks, she has not been heard. In
such view of the matter, the adverse remarks made in paragraph Nos.69 to 71
stand expunged.
5.Accordingly, the Writ Appeals stand dismissed, while expunging the
remarks made against the officer concerned, by the learned Single Judge in
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W.A.(MD)Nos.124 and 125 of 2021
paragraph Nos.69 to 71. Consequently, connected Miscellaneous Petitions are
also dismissed. No costs.
Index :Yes/No [M.M.S., J.] [S.A.I., J.]
Internet :Yes 29.01.2021
sj
Note: In view of the present lock down owing to
COVID-19 pandemic, a web copy of the order may be
utilized for official purposes, but, ensuring that the copy
of the order that is presented is the correct copy, shall
be the responsibility of the advocate/litigant concerned.
To
The Principal Secretary to Government,
Department of Higher Education,
State of Tamil Nadu,
Chennai – 9.
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W.A.(MD)Nos.124 and 125 of 2021
M.M.SUNDRESH, J.
AND
S.ANANTHI, J.
sj
Common Judgment made in
W.A.(MD)Nos.124 and 125 of 2021
29.01.2021
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