Madras High Court
Munavar Batcha … vs M.G.Dawood Mia Khan on 8 October, 2025
Contempt Petition No.1802 of 2025
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 8/10/2025
CORAM
THE HONOURABLE Mr.JUSTICE K. SURENDER
Contempt Petition No.1802 of 2025
Munavar Batcha … Petitioner
Vs
1. M.G.Dawood Mia Khan
The Secretary & Correspondent
QuaideMilleth College of Men
Medavakkam
Chennai 600 100.
2. E. Sundaravalli, I.A.S
Commissioner of Collegiate Education
The Directorate of Collegiate Education
E.V.K.SampathMaligai, College Road
Nungambakkam
Chennai 34
Presently at
The Institute of Advanced Study in Education Campus
1/14
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
No.577 Anna Salai, Saidapet
Chennai. ... Respondents
PRAYER: Petition filed under Section 11 of the Contempt of Courts Act,
1971 to initiate contempt proceeding against the respondents for willful and
deliberate disobeying the order dated 15/3/2017 passed in Writ Petition
Nos.3265 and 3266 of 2015.
For petitioner … Mr.Akhil Ahmed Akbar Ali
For respondents … M/s.GodsonSwaminath
B.MarySowmiRexi
For
M/s.Isaac Chambers
For R.1
Ms.Dakshayani Reddy
Senior Counsel
For Mr.A.Selvendran
For R.2.
ORDER
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
This Contempt Petition has been filed to initiate contempt proceeding
against the respondents for willful and deliberate disobeying the order dated
15/3/2017 passed in Writ Petition Nos.3265 and 3266 of 2015.
2. Brief facts of the case are that the petitioner while working as
Associate Professor in the first respondent College was suspended on
21/2/201 and a charge memo was issued on 19/1/2015. Aggrieved by the
suspension order and charge memo, the petitioner had filed W.P.Nos.3265
and 3266 of 2015, respectively. Pending writ petitions, first respondent
College and the petitioner had entered into a compromise and filed a
Joint Compromise Memo dated 28/2/2017. The relevant contents of the
Joint Memo of Compromise, reads as under:-
“2. The first respondent agrees to revoke
the suspension of petitioner with immediate effect
and the petitioner shall be deemed to be on duty
for the entire period of suspension and shall be
allowed to avail all the benefits of salary,
increments, counting of service for pension
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
purposes, etc. The first respondent also agrees
to withdraw, revoke and cancel the charge
memo issued to the petitioner and drop all
disciplinary proceedings. The suspension
period from 21/2/2014 to till date be treated as on
regular service and full salary should be claimed
from the second respondent and paid to the
petitioner by the first respondent subject to the
approval of this Court.
3. The petitioner has received subsistence
allowance during the suspension period from
21/2/2014 to January 2017. The petitioner
would claim his full salary for the above said
period, from the second respondent through the
first respondent subject to the approval of this
Court. Further, the petitioner agrees out of the
salary received for the period between 21/2/2014
to January 2017 would reimburse the subsistence
allowance to the first respondent. The first
respondent agrees to issue the following
necessary certificate viz.,(1). The suspension
revocation order (2) withdrawal of all memos
(3) the relieving order (4) the last pay
drawn certificate and (5) no due certificates to the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
petitioner.
4. The petitioner submits that he would
pay a sum of Rs.6,00,000/- in total to the first
respondent inclusive of Rs.3,68,000/- paid to the
substitute staff in the absence of the petitioner
from 21/2/2014 to January 2017, after the
petitioner receives all the terminal benefits.
5. The petitioner is voluntarily agreeing to
submit his application for Voluntary Retirement
Scheme w.e.f 1/3/2017 and first respondent
agreed to accept the application of VRS of the
petitioner and the first respondent College
authorities agreed to relieve the petitioner from
the Collee on VRS on 1st March 2017.
3. Based on the said Compromise Memo, this Court, vide, order
dated 15/3/2017, disposed of both the writ petitions. Thereafter, the
petitioner had filed a Contempt Petition No.1277 of 2019 for compliance of
the order dated 15/3/2017 made in W.P.Nos.3265 and 3266 of 2015.
4. Vide, order dated 29/1/2020, this Court had observed the fact that
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
the first respondent in compliance of the order dated 6/1/2020 have
furnished all the documents to the Department of Collegiate Education and
since the same has been acknowledged by the petitioner, closed the
Contempt Petition No.1277 of 2019.
5. The present Contempt Petition was filed on the ground that though
all the relevant documents had been filed with the second
respondent/Commissioner of Collegiate Education, and the same has been
forwarded to the Government of Tamil Nadu, the following bills have not
been sanctioned -
(i) arrears of salary for the period from
March 2014 to February 2017 amounting to
Rs.51.90,500/-.
(ii) Proposals for sanction of revised pension
for the entire period i.e., from 21/2/2014 to
28/2/2017.
(iii) Leave salary (EL & LOPA) amounting
to Rs.11,52,615/- and
(iv) Special Provident Fund
6. Heard Mr.Akhil Ahmed Akbar Ali, learned counsel for the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
petitioner, Mr.GodsonSwaminath, learned counsel for the first respondent
and Ms.Dakshayani Reddy, learned Senior Counsel for the second
respondent.
7. The learned Senior Counsel appearing for the Collegiate
Education would submit that in accordance with Section 19 of the Tamil
Nadu Private Colleges (Regulation) Act, 1976, the period of suspension
cannot exceed two months and for two more months under exceptional
circumstances as stated in the Provision. If the enquiry is not completed
within time, the Teacher gets restored to his post automatically. The
learned Senior Counsel would further submit that during the period of
suspension, the Director of Collegiate Education has to pay the subsistence
allowance. In view of the Joint Compromise Memo, the respondent
Collegiate Education cannot be made to pay any such arrears amounting to
nearly Rs.52 lakhs or other benefits. The Director of Collegiate Education
was not a party to any of the proceedings that went on between the
petitioner and first respondent College. The petitioner was suspended on
account of sexual harassment of a Student and accordingly, charge memo
was issued. In case of such allegation of sexual harassment, no reasons are
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
given as to why the petitioner and the College has compromised and filed a
compromise memo. The acts of the petitioner and the College cannot
result in penalizing the Director of Collegiate Education asking the salary to
be paid during the suspension period.
8. The learned counsel appearing for the petitioner would submit
that it was specifically mentioned in the compromise memo that College
would withdraw the allegations levelled against the petitioner and the order
of suspension stand revoked. In such circumstances, question of denying
the salary for the suspension period does not arise.
9. Perused the materials available on record.
10. As seen from the records, the charge levelled against the
petitioner is that the petitioner has indulged in sexual harassment of a
Student and was also harassing SC Students by calling them in the name of
their caste and threatening them. In fact, the students of the College agitated
for about five days seeking action against the petitioner. The enquiry
conducted did not conclude due to non-appearance of petitioner and the
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
statements of the victims are also not placed before this Court. However,
it is an admitted fact that the petitioner was suspended on account of sexual
harassment of a student and the petitioner did not attend the enquiry.
11. The reasons for entering into a compromise between the
petitioner and College are not known. As rightly pointed out by the learned
Senior Counsel, there is no basis to penalize the Director of College
Education to cough up the amount of more than Rs.52 lakhs to the
petitioner. Moreover, the Director of Collegiate Education was not a party
to the compromise filed by the writ petitioner in W.P.Nos.3265 and 3266 of
2015.
12. Under Section 19 of the Tamil Nadu Private Colleges
(Regulation) Act, 1976, suspension of a Teacher or any other person
employed in a Private College shall remain in force for a period of two
months and for the reasons to be recorded for another two months. The
reasoning given by the College for keeping the petitioner under suspension
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
for three years is the sexual harassment allegation made by the students. As
already said the students went on agitation seeking action against the
petitioner, however, the enquiry was not concluded.
13. The present petition is filed to initiate contempt proceedings
against the respondents for wilfully and deliberately disobeying the order
dated 15/3/2017 passed in W.P.Nos.3265 and 3266 of 2015.
14. The relevant portion of the order dated 15/3/2017 reads as
under:-
“2. When the matter is taken up for hearing,
the learned counsel for the parties submitted that
the issues pertaining to both the writ petitions have
been resolved by the parties concerned amicably
and a joint memo of compromise entered into
between the parties and the same has also been
produced before this Court.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
3. In terms of the Joint Memo of
Compromise, both the writ petitions are disposed
of. The Joint memo of compromise shall form part
of the order. No costs. Consequently, connected
miscellaneous petitions are closed.”
15. As seen from the order, there are no specific directions given to
the Directorate of Collegiate Education to pay any arrears. However,
subsequently, when Contempt Petition was filed in the year 2019, the said
Contempt Petition was closed on the ground that all the necessary
documents were furnished by the College to the Directorate of Collegiate
Education.
16. A civil Contempt involves any willful disobedience of a Court
order or judgment. In the present case, there are no specific directions
which are given to the Directorate of Collegiate Education for making any
payment to the petitioner herein, as such the question of contempt would not
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
arise.
17. According to Rule 13 of the Tamil Nadu Private Colleges
(Regulation) Act, 1976, it is for the College to pay subsistence allowance
every month during the period of suspension. It is not in dispute that the
petitioner had received the retirement benefits as follows:-
DCRG … Rs.10,00,000/-
Commutation of Pension … Rs.10,17,227/-
Closure of Provident Fund … Rs. 6,96,357/-
(Gross) after deduction
of Rs.4,24,000/- towards
advances availed net
amount paid to
Bank Account is
Rs.2,72,357/-.
18. In the present circumstances of the case, the Director of
Collegiate Education shall consider the sanction of revised pension for the
entire period of service, including the suspension period and also other bills
which the petitioner is lawfully entitled to.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
19. With the above observation, this Contempt Petition is disposed
of.
(K.SURENDER,J)
8/10/2025
mvs.
Index: Yes/No
Neutral Citation: Yes/No
K.SURENDER, J
mvs.
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
Contempt Petition No.1802 of 2025
Contempt Petition No.1802 of 2025
8/10/2025
https://www.mhc.tn.gov.in/judis ( Uploaded on: 08/10/2025 07:16:49 pm )
