The Madras High Court on Monday reserved orders on a writ petition filed by former Anna University vice-chancellor M.K. Surappa against the constitution of an inquiry committee to probe charges of corruption, malpractice, financial irregularities and irregularities in appointments during his tenure between 2018 and 2021.
Justice V. Parthiban deferred his verdict after Advocate General R. Shunmugasundaram made a categorical submission that the government cannot furnish a copy of the inquiry report to Mr. Surappa before forwarding it to the Governor. The A-G said the petitioner could obtain it from the Governor and submit his explanation.
The judge had, last week, asked whether the government would agree to furnish a copy of the report to the writ petitioner and forward his reply, too, along with the inquiry report to the Governor, in the latter’s capacity as chancellor of the varsity, for initiating appropriate action. After obtaining instructions, the A-G replied in the negative. Mr. Shunmugasundaram told the court that no provision under the Anna University Chennai Act of 1978 empowers the State government to furnish a copy of the inquiry report to the petitioner before forwarding it to the Governor. If an exception was carved out in the present case, it might end up setting a wrong precedent. However, the judge said the inquiry committee constituted under the 1978 Act was akin to the departmental inquiry and, therefore, the petitioner would be entitled to a copy of the report. He said the principles of natural justice must be read into the legal provisions even if they had not been explicitly provided for in the relevant law. The judge said the 1978 Act had been worded in such a way that the recommendations made by the government would be binding upon the Governor. Hence, it was essential that the government grants a fair opportunity of hearing to the petitioner before forwarding the report to the Governor.
