Madras High Court
Loyola College (Autonomous) vs Dr.S.John William on 21 July, 2025
Author: R.Subramanian
Bench: R.Subramanian
W.A.No. 2181 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 21.07.2025
CORAM:
THE HONOURABLE MR.JUSTICE R.SUBRAMANIAN
AND
THE HONOURABLE MRS.JUSTICE K.GOVINDARAJAN THILAKAVADI
W.A.No. 2181 of 2025
and
C.M.P.No. 16668 of 2025
Loyola College (Autonomous)
Rep. By its Secretary and Correspondent,
Nungambakkam,
Chennai – 600 034. .. Appellant
Vs.
Dr.S.John William .. Respondent
Prayer: Writ Appeal filed under Clause 15 of Letters Patent, against the
order dated 07.01.2025 made in W.P.No. 3711 of 2020.
For Appellant : Mr.Godson Swaminathan
For Respondent : Ms.S.Sridevi
JUDGMENT
(Judgment of the Court was made by R.SUBRAMANIAN, J.)
This appeal is by the Institution, challenging the order of the learned
single Judge modifying punishment of dismissal to compulsory retirement,
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/07/2025 05:40:25 pm )
taking into account that the delinquent Professor has attained the age of
superannuation.
2. In coming to the conclusion that the punishment of dismissal from
service is too harsh, learned single Judge has made certain observations to
the effect that the Institution has not adhered to the earlier orders passed by
this Court in W.P.Nos. 9493, 9494 & 16975 of 2019 dated 14.10.2019. The
learned Judge has also went into the evidence and concluded that the
delinquent Professor has not been shown to be responsible for publication
or circulation of the offending communication on social media.
3. Heard Mr.Godson Swaminathan, learned counsel appearing for the
Institution and Ms.S.Sridevi, learned counsel for the respondent.
4. Mr.Godson Swaminathan, learned counsel for the appellant would
vehemently contend that the previous order of this Court was considered
and in the light of very serious allegations that have been made against the
delinquent employee, the Institution was not in a position to re-consider the
punishment. He would also submit that re-appreciation of evidence is
impermissible in a proceeding under Article 226 of the Constitution of
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/07/2025 05:40:25 pm )
India. Considering the nature of the allegations and the form, in which it
was sought to be circulated, we do not think, we should get into the merits
of the issue, in view of the fact that the delinquent Professor has attained the
age of superannuation and he is also bedridden.
5. Taking the sympathetic view, we confirm the order of the learned
single Judge and we also direct that the observations made in the order will
not form a precedent in the future. Once the Management forwards the
proposals in compliance with the directions issued in paragraph 21 of the
order under appeal, the Directorate of Collegiate Education will clear the
same within a period of eight weeks from the date of receipt of the
proposals. The Management will forward the proposals within a period of
eight weeks from today.
6. This Writ Appeal is disposed of with the above observations. No
costs. Consequently, connected miscellaneous petition is closed.
(R.S.M., J.) (K.G.T., J.)
21.07.2025
kkn
Internet: Yes / No
Index: Yes / No
Speaking / Non-speaking order
Neutral Citation : Yes / No
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/07/2025 05:40:25 pm )
R.SUBRAMANIAN, J.
and
K.GOVINDARAJAN THILAKAVADI, J.
KKN
and
21.07.2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 22/07/2025 05:40:25 pm )
