Dr.V.Murugan vs The Madurai Kamaraj University
2021 Latest Caselaw 14094 Mad

                                                                            W.A.(MD)No.1407 of 2021

                       BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT

                                                DATED: 14.07.2021

                                                      CORAM:

                               THE HONOURABLE MR.JUSTICE T.S.SIVAGNANAM
                                                        and
                                   THE HONOURABLE MRS.JUSTICE S.ANANTHI


                                            W.A.(MD)No.1407 of 2021


                     Dr.V.Murugan                                              ...Appellant
                                                         Vs.


                     The Madurai Kamaraj University,
                     Rep. by its Registrar,
                     Palkalai Nagar,
                     Madurai – 625 021.                                        ... Respondent



                     PRAYER: Writ Appeal filed under Clause 15 of Letters Patent Act,

                     praying to set aside the order in W.P.(MD)No.21996 of 2019 dated

                     17.10.2019.

                                     For Appellant   : Mr.T.Lajapathi Roy


                                                JUDGMENT

************* [Judgment of the Court was delivered by T.S.SIVAGNANAM, J.]

Heard Mr.T.Lajapathi Roy, learned Counsel appearing for the

appellant.

https://www.mhc.tn.gov.in/judis/

W.A.(MD)No.1407 of 2021

2.This appeal by the writ petitioner is directed against the

order in W.P.(MD)No.21996 of 2019 dated 17.10.2019.

3.The appellant, who is arrayed as an accused in Crime No.1

of 2018, concerning a very sensitive matter has sought for revoking

his order of suspension and reinstate him in the post of Assistant

Professor in the respondent university, by taking note of the

judgment of the Hon'ble Supreme Court in the case of Ajay Kumar

Choudhary Vs. Union of India reported in (2015) 7 SCC 291.

The learned Writ Court, taking into consideration the facts of the

case, held that the said decision of the Hon'ble Supreme Court is

not applicable to the case of the appellant and dismissed the writ

petition.

4.We are in full agreement with the reasons assigned by the

learned Writ Court in not granting the relief sought for in the writ

petition. It appears that in the criminal case, trial has already

commenced. Further, we note that the appellant was arrested for

the offences punishable under Sections 370, 511 IPC, r/w Section

67 of IT Act in Crime No.1and enlarged on bail. Considering the

sensitive issue, it may not be appropriate even to direct the

representation of the appellant to be considered. The appellant may

renew his request after the conclusion of the criminal case. https://www.mhc.tn.gov.in/judis/

W.A.(MD)No.1407 of 2021

5.Accordingly, this Writ Appeal stands dismissed. However,

there shall be no order as to costs.

                                                            [T.S.S., J.]   &    [S.A.I., J.]
                                                                     14.07.2021
                     Index         : Yes / No
                     Internet: Yes / No
                     MR

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.

https://www.mhc.tn.gov.in/judis/

W.A.(MD)No.1407 of 2021

T.S.SIVAGNANAM., J.

and S.ANANTHI., J.

MR

JUDGMENT MADE IN W.A.(MD)No.1407 of 2021

14.07.2021

https://www.mhc.tn.gov.in/judis/