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IN THE HIGH COURT OF JUDICATURE AT MADRAS
MS. JUSTICE R.N.MANJULA, J
K.A. Nagarajan S/o Arumugham – Appellant
Versus
Government of Tamil Nadu – Respondent
ORDER :
1. This writ petition has been filed challenging the impugned proceedings of the 3rd respondent in Na.Ka.No.5198/A3/2017 dated 11.04.2017 and the consequential proceedings No. Nil dated 01.07.2017 issued by the 4th respondent and the proceedings in Mu.Mu.No.30258/F1/2017 dated 10.11.2017 issued by the 2nd respondent and seeking a direction to the 4th respondent to reinstate the petitioner into service as a Lab Assistant with all attendant benefits.
2. Heard Mr.R.Subramanian, learned counsel for the petitioner, Mr.Velu Sammi, learned Additional Government Pleader for respondents 1 to 3and Mr.N.Manogaran, learned counsel for the 4th respondent and perused the materials available on record.
3. The petitioner was appointed as an Office Assistant in the 4th respondent college in an unaided course on 30.11.1989. Thereafter, he was promoted to the position of Laboratory Assistant with effect from 24.01.2005. On 21.08.2015, the 3rd respondent issued an order of suspension. Subsequently, the petitioner was issued with a charge memo on 07.09.2015 by the 4th respondent by .. citing the allegations as under:
(i) unauthorized absence for 39 days;
(ii) failure to provide a satisfactory reason
The college committee has the authority to conduct disciplinary proceedings in unaided institutions, and dismissal does not require approval from government authorities.
The judgment established the applicability of the Tamil Nadu Private Colleges Regulation Act, 1976 to minority institutions and clarified the jurisdiction of the Tribunal to hear second appeals. It a....
Private educational institutions must obtain permission from the competent authority before taking action against their employees, as per Section 79(1) of the A.P. Education Act, 1982.
The main legal point established in the judgment is that a minority institution is governed by some provisions of the Act and Rules, and the prior approval from the competent authority for terminatio....
The main legal point established in the judgment is that the government is not obligated to pay the salary of an individual appointed in a non-sanctioned post from the government grant.
The authority of a Dean to interfere in disciplinary actions of a Private Self Financing Minority College is limited, and procedural violations render such decisions invalid.
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