Furnish inquiry panel’s report to Surappa, HC tells State

When the petition moved by Surappa came up for hearing, Advocate General R Shunmugasundaram had argued that there was no legal provision to serve him the report and added that it was the Governor, the Chancellor of the university, to take a call on the matter.

By :  migrator
Update: 2022-02-11 19:51 GMT
Madras High Court

Chennai

The Madras High Court on Friday directed the State government to furnish a copy of a report of Justice (retired) P Kalaiyarasan Inquiry Commission within 15 days to former Anna University Vice-Chancellor MK Surappa.

When the petition moved by Surappa came up for hearing, Advocate General R Shunmugasundaram had argued that there was no legal provision to serve him the report and added that it was the Governor, the Chancellor of the university, to take a call on the matter. However, Justice V Parthiban said the failure to furnish the inquiry commission report at this stage would inexorably lead to the travesty of justice, and would be opposed to fair play and good conscience.

The Commission was constituted on November 11, 2020, to inquire about the allegations of irregularities, financial mismanagement, fund misappropriation and illegal appointments made during Surappa’s tenure as the VC. When the Advocate General strongly opposed giving a copy on the report to Surappa, the judge pointed out that Surappa had demitted office in April 2021, and questioned what adverse action could be taken presently.

Rejecting the State government’s objections to furnishing the report submitted by the panel that probed the allegations against former Anna University vice-chancellor MK Surappa, the Madras High Court directed it to give a copy of the report to him within 15 days.

“The petitioner shall raise his objections/views within four weeks from the day he receives a copy of the report. If 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,” said Justice V Parthiban while disposing of Surappa’s petition.

The former VC had challenged the Government Order dated November 11, 2020, constituting an inquiry commission to probe the several serious allegations against him. While the Commission had submitted its report to the government on June 28, 2021, and the same was submitted to the court in a sealed cover, Surappa sought a direction to serve him a copy of the report to explain his objections to the findings of the panel.

Advocate General R Shunmugasundaram submitted that there is no provision to serve the inquiry report. “As the report has several detrimental findings against the petitioner, it is up to the Governor, who is the Chancellor of the university, to take a call on this matter,” the AG submitted.

“On the face of certain detrimental findings in the report, the petitioner’s explanation and his version must be part of the inquiry proceedings, as his vindication,” the judge ruled. The judge further held that the court did not see any rationale as to why the government was shying away from furnishing a copy of the report to the petitioner.

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