High Court · 2025

W.P.Nos.27230 of 2024 etc.,IN THE HIGH COURT OF JUDICATURE AT MADRASDATED : 11.12.2025CORAM THE HONOURABLE MR.JUSTICE M.DHANDAPANIW.P.Nos.27230, 27232, 29408 and 29870 of 2024and W.M.P.Nos.29736, 29739, 29740, 32036, 32037, 32570 and 32573 of 2025W.P.No.27230 of 2024Dr.D.Thirumalraja ... Petitioner Vs.1.Tamil Nadu Open University, Represented by its Registrar, No.577, Anna Salai, Saidapet, Chennai-600 015.2.The Vice Chancellor, Tamil Nadu Open University, No.577, Anna Salai, Saidapet, Chennai-600 015.3.Prof.S.Arumugam, The Vice Chancellor, Tamil Nadu Open University, No.577, Anna Salai, Saidapet, Chennai-600 015. ....Respondents_________Page 1 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.27230 of 2024 etc.,PRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the suspension dated 26.07.2024 in F.No.TNOU/Estt/Order of Suspension/2024/001, the Charge Memo dated 26.07.2024 F.No.TNOU/Estt/DT/SFCS/2024/2 and the order dated 22.08.2024 in F.No.TNOU/Estt/17(b) Charges/Providing Documents/2024 from the first respondent, quash the same and consequently, direct the respondents to regularize the period of suspension from 26.07.2024 as duty with pay for all benefits and to pay the petitioner all the monetary and all other consequential benefits, award costs.For Petitioner : Ms.V.PorkodiFor Respondents : Mr.D.Ravichander Special Government Pleader for R1 and R2W.P.No.27232 of 2024K.Ezhilan ... Petitioner Vs.1.Tamil Nadu Open University, Represented by its Registrar, No.577, Anna Salai, Saidapet, Chennai-600 015._________Page 2 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.27230 of 2024 etc.,2.The Vice Chancellor, Tamil Nadu Open University, No.577, Anna Salai, Saidapet, Chennai-600 015. ....RespondentsPRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the suspension dated 26.07.2024 in F.No.TNOU/Estt/Order of Suspension/2024/001, the Charge Memo dated 26.07.2024 F.No.TNOU/Estt/KE/SFCS/2024/5 and the order dated 22.08.2024 in F.No.TNOU/Estt/17(b) Charges/Providing Documents/2024 from the first respondent, quash the same and consequently, direct the respondents to regularize the period of suspension from 26.07.2024 as duty with pay for all benefits and to pay the petitioner all the monetary and all other consequential benefits, award costs.For Petitioner : Ms.V.PorkodiFor Respondents : Mr.D.Ravichander Special Government Pleader for R1 and R2W.P.No.29408 of 2024J.Gunasekaran ... Petitioner Vs._________Page 3 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.27230 of 2024 etc.,1.Tamil Nadu Open University, Represented by its Registrar, No.577, Anna Salai, Saidapet, Chennai-600 015.2.Dr.D.Thirumalraja ....RespondentsPRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records of the first respondent in his proceedings F.No.TNOU/Estt/Order of Suspension/2024/001 dated 26.07.2024 and consequential charge memo issued by the first respondent in his proceedings F.No.TNOU/Estt./JG/SFCS/2024/4 dated 26.07.2024 and to quash the same as being illegal and unsustainable in law and for a consequential direction to the first respondent to regularize the period of suspension from 26.07.2024 as duty with pay for all benefits and to pay me all the monetary and all other consequential benefits. For Petitioner : Ms.N.Kavitha RameshwarFor Respondents : Mr.D.Ravichander Special Government Pleader for R1 Ms.V.Porkodi for R2W.P.No.29870 of 2024K.Meenakshi ... Petitioner_________Page 4 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.27230 of 2024 etc., Vs.1.Tamil Nadu Open University, Represented by its Registrar, No.577, Anna Salai, Saidapet, Chennai-600 015.2.The Vice Chancellor, Tamil Nadu Open University, No.577, Anna Salai, Saidapet, Chennai-600 015.3.The Registrar, Tamil Nadu Open University, No.577, Anna Salai, Saidapet, Chennai-600 015. ....RespondentsPRAYER : Writ Petition filed under Article 226 of the Constitution of India praying for issuance of a Writ of Certiorarified Mandamus, to call for the records pertaining to the (1) order of suspension in F.No.TNOU/Estt/Order of Suspension/2024/001 dated 26.07.2024, 2)Charge Memo in F.No.TNOU/Estt/KM/SFCS/2024/3 dated 26.07.2024, issued by the first respondent and 3). Order in F.No.TNOU/Estt/17(b) Charges/Providing Documents/2024 dated 22.08.2024, quash the same and consequently, direct the respondents to regularize the period of suspension from 26.07.2024 as duty with pay for all benefits and to pay the petitioner all the monetary and all other consequential benefits, award costs._________Page 5 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.27230 of 2024 etc.,For Petitioner : Mr.T.Sundaravadanam for Mr.K.SubramanianFor Respondents : Mr.D.Ravichander Special Government Pleader for R1 to R3 C O M M O N O R D E RSince the issue involved in these writ petitions is one and the same, they are disposed of by this common order.2. The petitioners herein are working in Tamil Nadu Open University in various capacities. The Vice-Chancellor of University came to know that the University staff have indulged in issuing the fake Certificates. Therefore, the Vice-Chancellor preferred a police complaint, based on which, investigation started. In the meantime, the University constituted an Investigation Committee on its own and a preliminary investigation found that the petitioners herein were involved in the misconduct. Based on the said decision arrived at, the petitioners were given charge memo and they were placed under suspension. Challenging the same, the present writ petitions have been filed._________Page 6 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.27230 of 2024 etc.,3. The principle ground of attack by the petitioners is that the charge memo was not accompanied with necessary documents and therefore, the petitioners are in dark as to what is the basis for the charges laid against them. In the absence of relevant documents, the petitioners are not in a position to prepare the defence. It is also the contention of the petitioners that they were not provided any questionnaire which would help them in defending their innocence.4. When the writ petitions came up for hearing on 12.09.2024, 01.10.2024 and 14.10.2024, this Court finding that a prima facie case has been made out passed an interim order that the order of suspension and the disciplinary proceedings shall be kept in abeyance.5. Till this date, the respondents are not chosen to file a counter affidavit refuting the averments made by the petitioners in these writ petitions. _________Page 7 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.27230 of 2024 etc.,6. When the writ petitions are taken up for hearing today, the learned counsel appearing for the respondents submitted that a Committee has now been constituted and the Committee would take a decision as early as possible.7. In view of the same, these Writ Petitions are disposed of with a direction that the Committee shall decide the charges framed against the petitioner as early as possible and in any case within a period of 16 weeks from the date of receipt of a copy of this order. Till such a decision is taken by the Committee, the interim order granted by this Court keeping the suspension order and the disciplinary proceedings in abeyance shall continue. There shall be no order as to costs. Connected miscellaneous petitions are closed. 11.12.2025NCC: Yes / NoIndex : Yes / NoSpeaking Order : Yes / Nossb_________Page 8 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.27230 of 2024 etc.,To1.Tamil Nadu Open University, Represented by its Registrar, No.577, Anna Salai, Saidapet, Chennai-600 015.2.The Vice Chancellor, Tamil Nadu Open University, No.577, Anna Salai, Saidapet, Chennai-600 015.3.The Registrar, Tamil Nadu Open University, No.577, Anna Salai, Saidapet, Chennai-600 015. _________Page 9 of 10 https://www.mhc.tn.gov.in/judis W.P.Nos.27230 of 2024 etc.,M.DHANDAPANI, J. ssbW.P.Nos.27230 of 2024 etc.,11.12.2025_________Page 10 of 10