2017 Supreme(Mad) 1799
IN THE HIGH COURT OF JUDICATURE AT MADRAS
M.V. MURALIDARAN, J.
K. Megaraju – Petitioner
Versus
The Chairman, Syndicate of the University of Madras – Respondent
W.P. Nos. 30701, 30783 of 2013, 975 to 980 of 2014 & M.P. Nos. 1 of 2013, 1, 2 of 2014
Decided On : 22-09-2017
For the Petitioners: Mr. K. Raja, Mr. S. Gajendraraj and Mr. Vijaynarayan.
For the Respondent: Mr. Mani Sundargopal.
Headnote:
Misconduct - University Employees - Madras University Act, Section 19(h), 19(y) - The court discussed the factual background of the matter, the punishments imposed, and the challenges raised by the petitioners. The court analyzed the legal principles of natural justice, parity among co-delinquents, and the authority's power to impose punishment. The court found that the appointment of an outsider as an inquiry officer was not recognized by the University statute, and the entire proceedings were set aside. The court directed the reinstatement of the petitioners and restoration of their original pay and service benefits.
Fact of the Case:
The petitioners challenged punishments imposed by the University for alleged misconduct related to examination irregularities. The punishments included reduction in post, withholding of pension, and disciplinary actions.
Finding of the Court:
The court found that the appointment of an outsider as an inquiry officer was not recognized by the University statute, and the entire proceedings were set aside. The court directed the reinstatement of the petitioners and restoration of their original pay and service benefits.
Issues: The issues included the validity of punishments imposed, the appointment of an outsider as an inquiry officer, and the violation of principles of natural justice.
Ratio Decidendi: The court held that the appointment of an outsider as an inquiry officer was not recognized by the University statute, and the entire proceedings were set aside. The court directed the reinstatement of the petitioners and restoration of their original pay and service benefits.
Final Decision: All the writ petitions were allowed, all the impugned orders were set aside, and the respondent University was directed to reinstate the petitioners in their original position and restore their original pay and service benefits.
1. The present batch of writ petitions have been preferred by the writ petitioners challenging the punishments that have been issued by the respondents for the alleged misconduct committed by the petitioners who are employees of University of Madras.
2. I have heard the arguments of Mr. Vijaynarayan, learned senior counsel for Mr. K. Parthiban, Mr. K. Raja, Mr. S. Gajendraraj, learned counsels appearing on behalf of the petitioners and that of Mr. Mani Sundaragopal, learned counsel appearing on behalf of the respondents.
3. Before dealing with the rival contention of the parties, it would be relevant to ascertain the factual background of the matter. The petitioners are all employees of the respondent University and have been working in the University for the last several years.
4. The Institute of Distance Education which is responsible for conduction examinations for courses offered through Distance Education had conducted the examination in May 2011 and the marks in foil card (containing marks for 20 answer scripts entered and signed by the examiners) are entered in the computer, it was found that the marks entered in the foil cards are altered with over writing without the counter signature of the examiners. The same was brought to the notice of controller of Examinations on 28.11.2011. Immediately the Central Result Processing Section (for short CRPS), the section was directed to verify all the 9400 foil cards and to separate the foil cards with alteration of marks, without the counter signature of the examiner. Accordingly, the same were separated and the matter was brought to the notice of the Vice-Chancellor and the syndicate. However, in the meantime, the University does not want the publication on the results of thousands of students for the fault of few students and employees. Therefore, the results were directed to be published. An office note was submitted on 09.09.2011 by the Controller of Examination's Secretariat to the Vice-Chancellor stating that the CRPS had reported on 02.09.2011 about the enormous number of suspicious over writings of marks on the foil sheets that are supplied to the examiners who evaluated the answer scripts of Under Graduate Examinations of IDE (Institute of Distance Education), May 2011 and the Controller of Examinations had instructed the CRPS to hand over all the foil sheets in which over writings were found. The note further added that the Controller of Examinations had personally gone through the foil sheets and ascertained that there are suspicious over writings of mark in as many as 451 cases. It was further submitted that in the said note the marks entered in words and numbers differ from each other and in many cases the marks awarded were altered with correcting fluid.
5. Thereafter, the Controller of Examination had directed the Additional Controller of Examination of the Institute of Distance Education to submit the answer scripts pertaining to the alterations made in the foil sheets for his verification and thereafter the Registrar in charge had recommended for constitution of a committee to examine and report so as to proceed further. The same was approved by the Vice-Chancellor and the enquiry committee was constituted with four members of the University and submitted a report to the syndicate.
6. The syndicate in the meeting held on 18.11.2011 considered the report submitted by the above said committee and resolved to constitute another committee comprising of syndicate members to identify the staff members who are mainly involved against whom disciplinary proceedings could be initiated. Pursuant to the recommendations of the syndicate committee another committee comprising of four persons to prepare charge sheets against the staff members who are involved and the syndicate after the report of the said committee has decided to give charge memo to 28 employees in it