2018 Supreme(Mad) 440
BEFORE THE MADURAI BENCH OF MADRAS HIGH COURT
M. SATHYANARAYANAN, R. HEMALATHA, JJ.
M. Palanisamy – Appellant
Versus
The State of Tamil Nadu, The Director of Legal Studies, Directorate of legal studies & Another – Respondents
W.A.(MD) No. 1460 of 2017 & C.M.P(MD) No. 11270 of 2017
Decided on : 23-02-2018
Advocate Appeared:
For the Appellants :T. Lajapathi Roy, Advocate.
For the Respondents: A.K. Baskara Pandian, Additional Government Pleader.
Headnote:
Letters Patent Act – Section 15 – Constitution of India, 1950 – Article 226 – Penal Code, 1860 – Section 354 – Dismissal from College – Quashment of Order – This is a writ appeal filed under Section 15 of the Letters Patent Act, to set aside the judgment of the learned Single Judge passed in W.P.(MD) – Appellant is the petitioner in W.P(MD) on the file of this Court – He had filed the above writ petition to quash the order of the second respondent, namely, the Principal, the Government Law College, Trichy in and by which the appellant was dismissed from the law college, Trichy. – He had also sought for a direction to the respondents to re-admit him in the third year B.A.,B.L., degree course for the academic year 2014-2015 in the second respondent college. – Held, It is clear that there is no violation of principles of natural justice and as already observed, the appellant was given opportunity to putforth his contentions and one of the students had also confessed of having committed the offence. – High Court can interfere with the punishment inflicted upon the appellant, only if the penalty shocks the conscience of the Court. – Furthermore, the punishment inflicted on the appellant cannot be said to be disproportionate to the offence committed by him and this Court under Article 226 cannot sit as a Court of appeal in the matter of quantum of punishment. – Therefore, the order of the learned Single Judge does not warrant any interference by this Court. – Writ Appeal Dismissed
1. This is a writ appeal filed under Section 15 of the Letters Patent Act, to set aside the judgment of the learned Single Judge passed in W.P.(MD)No.4741 of 2015 dated 10.07.2015.
2. The appellant is the petitioner in W.P(MD)No.4741 of 2015 on the file of this Court. He had filed the above writ petition to quash the order of the second respondent, namely, the Principal, the Government Law College, Trichy dated 06.03.2015, in and by which the appellant was dismissed from the law college, Trichy. He had also sought for a direction to the respondents to re-admit him in the third year B.A.,B.L., degree course for the academic year 2014-2015 in the second respondent college.
3. The petitioner in his writ petition, among other things, has contended that he is doing third year in the five year B.A.,B.L., degree course in Trichy Law College and that he would participate whenever there is a protest for the welfare of the students. Since one Mrs.Krishnaleela, the Assistant Professor/Deputy Warden of ladies hostel of the college exceeded her limit under the guise of checking girl students to find out whether they have mobile phones in their hostel rooms, the entire college went on strike and the appellant also extended his fullest cooperation for the aforesaid protest. Enraged over this, the Assistant Professor / Deputy warden lodged a complaint with the Commissioner of Police, Trichy and the Inspector of Police Cyber Crime, Trichy, through the Principal, Law College, Trichy and the First Information Report was registered in Crime No.65/2014 of Cantonment All Women Police Station on 10.11.2014.
4. The main allegation in the FIR is that the Deputy Warden received some obscene messages and calls to her mobile phone on 14.09.2014 from the mobile phone No.9543642926 and on 17.12.2017, the petitioner and another student by name Saravana Bava were arrested at the college gate as it was found that the alleged obscene messages were sent by using the SIM Card of the appellant and both of them were remanded to judicial custody by the learned Judicial Magistrate No.II, Trichy. Subsequently, they were enlarged on bail. In the mean while, one Siva Guru the appellant's room-mate confessed before the college authorities with regard to the sending of obscene messages.
5. According to the appellant, the said confession of the said Siva Guru would clearly go to show that he is the person who sent the messages to Mrs.Krishnaleela, the Deputy Warden and that despite this fact, the appellant, to his shock and surprise was given a show cause notice dated 02.02.2015 calling upon him to submit his explanation within 48 hours. Show cause notices were also served on the students Saravana Bava and Thirumani. After extension of time, the petitioner submitted his reply on 06.02.2015. However, without conducting any personal enquiry and without giving any opportunity to put forth their contentions, the second respondent had straightaway passed the impugned order, dismissing the appellant and three other students from the college.
6. The further contention of the appellant is that the act of the second respondent is in violation of principles of natural justice and that since the imposition of capital punishment of expelling him from the college is arbitrary, it is liable to be set aside. It is also contended by him that when the investigation of the criminal case is not completed, the second respondent cannot pass the impugned order.
7. The second respondent in his counter has contended that Mrs.Krishnaleela is working as an Assistant Professor of law and also Deputy warden of the ladies hostel of the Government Law College, Trichy since 2009. It is further averred by him that the said Assistant Professor got information that two girl students namely, Ms.Vaishnavi and Ms.Radhika of third year B.A., B.L., were using mobile phones. On 11.09.2014, the parents of the students were asked to meet the Principal and accordingly, the parents of the girl students met the