Madras HC directs TN govt to furnish copy of inquiry report to ex-VC of Anna university
India Today
The Madras HC directed the Tamil Nadu government to provide a copy of Justice AK Kalairasan’s inquiry, along with enclosures, to MK Surappa, former Vice Chancellor of Anna University, within 15 days.
The Madras High Court on Friday directed the Tamil Nadu government to furnish a copy of Justice AK Kalaiarasan's inquiry report to M K Surappa, former Vice-Chancellor of the premier technical varsity, Anna University.
Disposing of a writ petition from Surappa, the court directed the state Higher Education department, which by an order dated November 11, 2020 constituted the Commission to go into the allegations levelled against the former VC, to furnish a copy of the report dated June 28, 2021 along with the enclosures to him within 15 days.
"It is very strange that the government, for no valid reason, has come up with a rigid stand against furnishing a report to the petitioner, unmindful of its legal implication that any decision taken at the end of the day would certainly become too vulnerable to judicial interference. The view of the government is antithetical to the concept of reasonableness and fairness in action as embedded in Article 14 of the Constitution," Justice V Parthiban said.
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On receipt of the report with enclosures, it is open to the petitioner to submit his objections/explanation within four weeks thereafter. In case the government is still interested in pursuing the matter, any action culminating in the advice to the Chancellor in terms of Section 11(4B) of the Anna University Act, 1978, the same shall be done after receipt of the objections/explanation from the petitioner within the time stipulated by this Court as above, the judge said.
The court also observed that the requirement to comply with the fundamental principles of natural justice, namely that no one should be condemned unheard, is not optional. In the absence of specific provision, the principle must be read into every statute and regulations as held by the Courts.
It is very strange that the government, for no valid reason, has come up with a rigid stand against furnishing the report to the petitioner, unmindful of its legal implication that any decision taken at the end of the day would certainly become too vulnerable to judicial interference.
