M.S.MOOSA MUBARAK ALI vs THE ISLAMIAH COLLEGE

WP No. 13599 of 2008
IN THE HIGH COURT OF JUDICATURE AT MADRAS
DATED: 26-10-2026
CORAM
THE HON'BLE MR.JUSTICE KRISHNASWAMY GOVINDARAJAN
WP No. 13599 of 2008
CNR: {HCMA010135262008}
M.S.Moosa Mubarak Ali
16/24 Ii Street, New Bethkhem,
Ambur, Vellore District.
..Petitioner
Vs
1. The Islamiah College
Rep By Its Secretary,
New Town, Vaniyambadi,
Vellore District.
2. Vaniyambadi Muslim
Educational Society,
Rep By Its General Secretary,
Islamiya Boys Hr. Sec. School Campus,
Fort, Vaniyambadi, Vellore Dt.
3. The Director Of Collegiate Education,
Anna Salai, Saidapet, Chennai - 600 015.
4. The Joint Director Of Collegiate Education,
Vellore Region, Vellore - 632 006.
(R3, R4 IMPLEADED VIDE ORDER DATED
10.08.2026 MADE IN WMP.28786/2026 IN
WP.13599/2008 BY TVKJ)
..Respondent(s)
Writ Petition is filed under Article 226 of Constitution of India, to
issue a Writ of Certiorarified Mandamus calling for the records relating to the
order No.Nil dt 14.05.2007 of the 1st respondent quash the same and
consequently direct the respondents to reinstate the petitioner with back wages,
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WP No. 13599 of 2008
continuity of service and all attendant benefits, award costs.
For Petitioner(s): Mr.Balan Haridos
For M/s.A.Manishkumar
For Respondent(s): Mr.A.Palaniappan RR1 & 2
Mr. P.K.Shivakumar,
Government Advocate RR3 & 4
ORDER
The writ petition has been filed challenging the order dated 14.05.2007
dismissing the petitioner from service.
2. The case of the petitioner is that he joined the respondent College,
which is a Minority Educational Institution receiving 100% grant-in-aid from
the Government of Tamil Nadu, as Director of Physical Education on
01.08.2000. In September 2003, the respondent College organized the 53rd Men
and 42nd Women Tamil Nadu State Level Volleyball Championship
Tournament, which was the first of its kind in the college. An Organizing
Committee was formed, wherein the Principal was the Chairman, Mr. M.
Senthilkumar was the Organizing Secretary, and the petitioner was the Co-
ordinator. Forty-five teams with 720 players participated across six playgrounds
under 34 officials. The petitioner contends that a total sum of Rs. 5,28,613/- was
collected through donations, cycle stand charges, mess, canteen, and entry fees,
and the entire amount was deposited into the Principal's account through the
college office, while the management contributed only Rs. 50,000/- from the
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WP No. 13599 of 2008
Special Fee Account. The vouchers were collected from actual recipients, and
cheques were drawn in their names by the Secretary, encashed, and disbursed
by the Principal. The accounts were audited and certified as genuine by the
Society's Auditor, M/s. Pari, V. Krishnan & Co., on 07.01.2004, and there was
no audit objection. After about 10 months, the Secretary issued a letter dated
10.08.2004 alleging the submission of false vouchers and fabrication of
accounts. Subsequently, a charge memo dated 23.05.2005 containing 19 charges
was issued, of which charges 1 to 12, 14, 18(d), and 19 related to the
tournament. An Enquiry Officer, who is an outsider, conducted the inquiry.
According to the petitioner, no examination-in-chief was conducted in his
presence, proof affidavits were filed by the Management Representative without
oath, and material witnesses who signed the vouchers were not examined, even
though it was teamwork involving more than five members. Based on the
inquiry report, the petitioner was dismissed from service by an order dated
14.05.2007. Since the respondent is a minority college, the petitioner has no
alternative remedy under the Tamil Nadu Private Colleges Act; hence, the
present writ petition has been filed challenging the dismissal order.
3. On the other hand, the learned counsel for the respondent College
submitted that sufficient opportunity was given to the writ petitioner and all
materials were handed over to him before the commencement of the inquiry. It
is the petitioner who did not cooperate with the inquiry. As the charges are
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WP No. 13599 of 2008
grave in nature with respect to the misappropriation of money, the punishment
is proportionate and there is no infirmity in the order of punishment.
4. Heard the counsel for the petitioner and the counsel for the respondent
College and perused the materials available on record.
5. From the records available before this Court, it is found that a charge
memo was issued in the year 2005 in respect of a sports event conducted by the
respondent College in the year 2003, in which the petitioner was also one of the
organizers in his capacity as the Director of Physical Education of the College.
The petitioner contended that he is not the sole person responsible, as more than
five members were involved in the sports event, and that the college
administration targeted him alone, making the punishment of dismissal from
service disproportionate.
6. On the other hand, the learned counsel for the respondent College
Administration argued that the materials establish that the misappropriation was
committed by the petitioner, financial loss was caused to the college, all charges
except a few were proved, and the Enquiry Officer conducted the inquiry in a
proper manner.
7. This Court, on perusal of the records, finds that there is no proper
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WP No. 13599 of 2008
explanation for the delay in issuing the charge memo, that too long after the
alleged incident that occurred in the year 2003. Further, this Court finds that full
opportunity was not given to the petitioner to contest the case. This Court is
conscious of the fact that under Article 226 of the Constitution of India, this
Court cannot modify the order of punishment. The only relief that can be
granted is to remand the matter to the Enquiry Officer to enable the writ
petitioner to present his case and seek modification of the punishment.
8. In view of the fact that there is no explanation for the delay in the
issuance of the charge memo and regarding the findings on the involvement of
the writ petitioner in the collection of money, this Court sets aside the impugned
order of punishment and directs the Enquiry Officer to pass fresh orders after
hearing the writ petitioner.
9. Since the issue pertains to the year 2003, this Court directs the college
administration to appoint the very same Enquiry Officer, if he is available, or to
appoint another Enquiry Officer in his place. The Enquiry Officer is directed to
issue a notice fixing a date for the appearance of the writ petitioner to place his
submissions. The petitioner shall not be entitled to seek an adjournment on the
date fixed for the inquiry. If the petitioner does not appear for the inquiry on the
date fixed by the respondent, the Enquiry Officer may proceed with the inquiry
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WP No. 13599 of 2008
and pass appropriate orders without granting any adjournment, within a period
of eight weeks from the date of receipt of a copy of this order.
10. With the above directions, the Writ Petition is disposed of. No costs.
26-10-2026
Index: Yes/No
Speaking/Non-speaking order
Neutral Citation: Yes/No
rli
To
1. The Islamiah College
Rep By Its Secretary, New Town,
Vaniyambadi, Vellore Dt.
2. Vaniyambadi Muslim
Educational Society,
Rep By Its General Secretary,
Islamiya Boys Hr. Sec. School Campus,
Fort, Vaniyambadi, Vellore Dt.
3. The Director Of Collegiate Education,
Anna Salai, Saidapet, Chennai - 600 015.
4. The Joint Director Of Collegiate Education,
Vellore Region, Vellore - 632 006.
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WP No. 13599 of 2008
KRISHNASWAMY GOVINDARAJAN, J.
rli
WP No. 13599 of 2008
26-10-2026
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